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B-189626, AUGUST 12, 1977

B-189626 Aug 12, 1977
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GAO WILL NOT REVIEW AWARD OF CONTRACT BY CITY OF CLEVELAND. SINCE MATTER IS BEFORE COURT OF COMPETENT JURISDICTION. THE COMMISSIONERS HAVE ALSO FILED A SUIT IN THE COURT OF COMMON PLEAS OF CUYAHOGA COUNTY FOR INJUNCTIVE RELIEF IN THE MATTER. EVEN ASSUMING THAT THE COMMISSIONERS WOULD HAVE STANDING TO PROTEST THE CONTRACT AWARD. IT IS THE POLICY OF OUR OFFICE NOT TO REVIEW MATTERS WHERE THE MATERIAL ISSUES INVOLVED ARE BEFORE A COURT OF COMPETENT JURISDICTION UNLESS THE COURT EXPRESSES AN INTEREST IN RECEIVING OUR VIEWS. WHICH IS NOT THE CASE HERE. WE WILL TAKE NO FURTHER ACTION ON THE MATTER.

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B-189626, AUGUST 12, 1977

GAO WILL NOT REVIEW AWARD OF CONTRACT BY CITY OF CLEVELAND, TO BE FOUNDED UNDER GRANT BY DOT, SINCE MATTER IS BEFORE COURT OF COMPETENT JURISDICTION, WHICH HAS NOT INDICATED INTEREST IN GAO VIEW.

COMMISSIONERS OF CUYAHOGA COUNTY, OHIO:

THE COMMISSIONERS OF CUYAHOGA COUNTY, OHIO (COMMISSIONERS), PROTEST THE AWARD BY THE CITY OF CLEVELAND OF A CONTRACT FOR A FEASIBILITY STUDY FOR THE DOWNTOWN PEOPLE MOVER PROJECT IN CLEVELAND. THE CONTRACT WOULD BE FUNDED UNDER A GRANT BY THE U.S. DEPARTMENT OF TRANSPORTATION. THE COMMISSIONERS HAVE ALSO FILED A SUIT IN THE COURT OF COMMON PLEAS OF CUYAHOGA COUNTY FOR INJUNCTIVE RELIEF IN THE MATTER.

EVEN ASSUMING THAT THE COMMISSIONERS WOULD HAVE STANDING TO PROTEST THE CONTRACT AWARD, IT IS THE POLICY OF OUR OFFICE NOT TO REVIEW MATTERS WHERE THE MATERIAL ISSUES INVOLVED ARE BEFORE A COURT OF COMPETENT JURISDICTION UNLESS THE COURT EXPRESSES AN INTEREST IN RECEIVING OUR VIEWS, WHICH IS NOT THE CASE HERE. VOLPE CONSTRUCTION CO., INC., B-189280, JULY 6, 1977.

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

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