B-177143, NOV 20, 1972

B-177143: Nov 20, 1972

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SINCE IT IS CONTRARY TO THE POLICY OF GAO TO RENDER A DECISION ON A PROTEST WHERE THE MATERIAL ISSUES ARE ALSO INVOLVED IN LITIGATION PENDING BEFORE A COURT OF COMPETENT JURISDICTION. GAO WILL NOT CONSIDER THIS PROTEST. TO PREMIER ELECTRICAL CONSTRUCTION COMPANY: REFERENCE IS MADE TO YOUR TELEGRAM OF SEPTEMBER 28. WE ARE INFORMED THAT ON OCTOBER 10. A COMPLAINT WAS FILED BY YOUR ATTORNEY IN THE UNITED STATES DISTRICT COURT FOR THE NORTHERN DISTRICT OF ILLINOIS. SINCE IT IS CONTRARY TO THE POLICY OF OUR OFFICE TO RENDER A DECISION ON A PROTEST WHERE THE MATERIAL ISSUES ARE ALSO INVOLVED IN LITIGATION PENDING BEFORE A COURT OF COMPETENT JURISDICTION. WE ARE CLOSING OUR FILE ON YOUR PROTEST WITHOUT FURTHER ACTION.

B-177143, NOV 20, 1972

BID PROTEST - LITIGATION PENDING DECISION DENYING CONSIDERATION TO THE PROTEST OF PREMIER ELECTRICAL CONSTRUCTION COMPANY, AGAINST THE ACCEPTANCE BY UNIROYAL, INC. OF A LATE BID FOR THE SUPPLY AND INSTALLATION OF TWO DIESEL GENERATORS AT THE U.S. ARMY AMMUNITION PLANT, JOLIET, ILL. SINCE IT IS CONTRARY TO THE POLICY OF GAO TO RENDER A DECISION ON A PROTEST WHERE THE MATERIAL ISSUES ARE ALSO INVOLVED IN LITIGATION PENDING BEFORE A COURT OF COMPETENT JURISDICTION, AS IN THE INSTANT CASE, GAO WILL NOT CONSIDER THIS PROTEST.

TO PREMIER ELECTRICAL CONSTRUCTION COMPANY:

REFERENCE IS MADE TO YOUR TELEGRAM OF SEPTEMBER 28, 1972, AND LETTER OF SEPTEMBER 29, 1972, WITH ENCLOSURES, PROTESTING THE ACCEPTANCE BY UNIROYAL, INC., OF A LATE BID FOR THE SUPPLY AND INSTALLATION OF TWO 175 KW DIESEL GENERATOR SETS AT THE U. S. ARMY AMMUNITION PLANT, JOLIET, ILLINOIS.

WE ARE INFORMED THAT ON OCTOBER 10, 1972, A COMPLAINT WAS FILED BY YOUR ATTORNEY IN THE UNITED STATES DISTRICT COURT FOR THE NORTHERN DISTRICT OF ILLINOIS, EASTERN DIVISION, CIVIL ACTION FILE NO. 72-C 2501, REQUESTING INTER ALIA, AN INJUNCTION REQUIRING UNIROYAL TO SET ASIDE THE AWARD TO THE LATE BIDDER, OR RESTRAINING THAT BIDDER FROM PERFORMING UNDER ITS AWARDED CONTRACT.

SINCE IT IS CONTRARY TO THE POLICY OF OUR OFFICE TO RENDER A DECISION ON A PROTEST WHERE THE MATERIAL ISSUES ARE ALSO INVOLVED IN LITIGATION PENDING BEFORE A COURT OF COMPETENT JURISDICTION, AS IN THE INSTANT CASE, WE ARE CLOSING OUR FILE ON YOUR PROTEST WITHOUT FURTHER ACTION.