B-193938, JUN 5, 1979

B-193938, JUN 5, 1979

DIGEST: GAO WILL NOT DECIDE MATTER WHERE MATERIAL ISSUE INVOLVED IS SUBJECT TO LITIGATION BEFORE COURT OF COMPETENT JURISDICTION.

IDAHO VENEER COMPANY:

IDAHO VENEER COMPANY (IDAHO), THE HIGH BIDDER FOR THE FERRELL CREEK TIMBER SALE NUMBER 022 (KOOTENAI NATIONAL FOREST) PROTESTS THE FOREST SERVICE REFUSAL TO AWARD IT A CONTRACT AND TO CONSTRUCT CERTAIN ROADS SPECIFIED BY IDAHO AS NECESSARY TO THE COMPLETION OF THE CONTRACT. IDAHO ARGUES THAT THE FOREST SERVICE IS REQUIRED TO PERFORM THE CONSTRUCTION BY SECTION 14(I) OF THE NATIONAL FOREST MANAGEMENT ACT OF 1976, 16 U.S.C. SEC. 472(I) (1976). THE FOREST SERVICE CONTENDS THAT IT HAS BEEN UNABLE TO SECURE A SATISFACTORY BID FOR THE ROAD WORK, AND THEREFORE, CONSISTENT WITH THE TERMS OF THE SOLICITATION FOR THE SALE IDAHO MUST AGREE TO CONSTRUCT THE ROADS IF THE FIRM DESIRES TO BE AWARDED THE CONTRACT.

SUBSEQUENT TO FILING THE PROTEST IN OUR OFFICE, IDAHO FILED CIVIL ACTION NO. 79-1276 IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF COLUMBIA, IN WHICH THE SAME ISSUE IS RAISED. IT IS THE POLICY OF OUR OFFICE NOT TO DECIDE A MATTER WHERE THE MATERIAL ISSUE INVOLVED IS SUBJECT TO LITIGATION BEFORE A COURT OF COMPETENT JURISDICTION UNLESS THE COURT EXPECTS, REQUESTS, OR OTHERWISE EXPRESSES AN INTEREST IN RECEIVING OUR DECISION. 4 C.F.R. SEC. 20.10 (1978); ROBINSON ASSOCIATES, INC., B-193056, NOVEMBER 24, 1978, 78-2 CPD 362. THERE HAS BEEN NO REQUEST FOR A GAO DECISION IN THIS CASE.

ACCORDINGLY, WE WILL TAKE NO FURTHER ACTION ON THE MATTER.