B-215897, SEP 17, 1984, 84-2 CPD 302.

B-215897: Sep 17, 1984

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CONTRACTS - PROTESTS - ABEYANCE PENDING COURT ACTION DIGEST: PROTEST IS DISMISSED WHERE MATERIAL ISSUES ARE BEFORE A COURT OF COMPETENT JURISDICTION AND THE COURT HAS NOT EXPRESSED AN INTEREST IN GAO'S DECISION. THE PROTESTER CONTENDS THAT ARNTZ'S BID WAS LATE AND SHOULD NOT HAVE BEEN ACCEPTED. IT IS THE POLICY OF THIS OFFICE NOT TO DECIDE PROTESTS WHERE THE MATERIAL ISSUES ARE PENDING BEFORE A COURT OF COMPETENT JURISDICTION UNLESS THE COURT EXPRESSES AN INTEREST IN OUR DECISION.

B-215897, SEP 17, 1984, 84-2 CPD 302.

CONTRACTS - PROTESTS - ABEYANCE PENDING COURT ACTION DIGEST: PROTEST IS DISMISSED WHERE MATERIAL ISSUES ARE BEFORE A COURT OF COMPETENT JURISDICTION AND THE COURT HAS NOT EXPRESSED AN INTEREST IN GAO'S DECISION.

WASHINGTON MECHANICAL CONTRACTORS, INC.:

WASHINGTON MECHANICAL CONTRACTORS, INC. PROTESTS THE DEPARTMENT OF THE NAVY'S AWARD OF A CONTRACT TO ARNTZ CONTRACTING COMPANY UNDER INVITATION FOR BIDS NO. N62474-83-B-2777. THE PROTESTER CONTENDS THAT ARNTZ'S BID WAS LATE AND SHOULD NOT HAVE BEEN ACCEPTED.

THE PROTESTER HAS FILED A SUIT IN THE UNITED STATES DISTRICT COURT FOR THE NORTHERN DISTRICT OF CALIFORNIA (CIVIL ACTION NO. C-84-5671 RFP) INVOLVING THE SAME ISSUES RAISED IN THE PROTEST. IT IS THE POLICY OF THIS OFFICE NOT TO DECIDE PROTESTS WHERE THE MATERIAL ISSUES ARE PENDING BEFORE A COURT OF COMPETENT JURISDICTION UNLESS THE COURT EXPRESSES AN INTEREST IN OUR DECISION. JOULE MAINTENANCE CORPORATION, B-212753, JAN. 30, 1984, 84-1 CPD PARA. 128. THE COURT HAS NOT EXPRESSED SUCH INTEREST HERE.

WE THEREFORE DISMISS THE PROTEST.

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