B-171917, MAY 4, 1971

B-171917, MAY 4, 1971

BID PROTEST - LITIGATION ADVISING THAT WITH RESPECT TO THE PROTEST OF MARTIN BAKERY, INC., AGAINST THE AWARD OF A CONTRACT TO STERLING BAKERY, INC., UNDER A SOLICITATION ISSUED BY THE AIR FORCE, SINCE MARTIN HAS FILED AN ACTION IN THE U.S. DISTRICT COURT, THE COMP. GEN. CONSISTENT WITH POLICY WILL NOT NOW CONSIDER THE PROTEST.

TO MAGUIRE & TUCKER:

REFERENCE IS MADE TO YOUR LETTER OF MARCH 5, 1971, AND YOUR BRIEF OF THE SAME DATE, PROTESTING ON BEHALF OF MARTIN BAKERY, INC., THE AWARD OF A CONTRACT TO STERLING BAKERY, INC., UNDER SOLICITATION NO. F41615 71-B- 0558, ISSUED BY THE DEPARTMENT OF THE AIR FORCE, BASE PROCUREMENT DIVISION (MS-BP), LACKLAND AIR FORCE BASE, TEXAS.

SUBSEQUENT TO THE FILING OF THE PROTEST WITH OUR OFFICE, MARTIN BAKERY, INC., FILED AN ACTION IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF COLUMBIA, CIVIL ACTION NO. 598-71, ON MARCH 23, 1971, REQUESTING, INTER ALIA, AN INJUNCTION TO COMPEL THE SECRETARY OF THE AIR FORCE TO CANCEL OR STAY THE PERFORMANCE OF THE CONTRACT AWARDED TO STERLING BAKERY, INC., AND TO ADJUDGE MARTIN BAKERY, INC., ENTITLED TO THE CONTRACT. ON MARCH 31, 1971, THE DISTRICT COURT HAVING CONSIDERED THE CASE ON THE MERITS ENTERED AN ORDER DENYING THE INJUNCTION AND DISMISSING THE ACTION.

SINCE THE DISTRICT COURT CONSIDERED THE MATERIAL ISSUES OF YOUR PROTEST ON THE MERITS, WE ARE CLOSING OUR FILE ON THE PROTEST WITHOUT FURTHER ACTION. THIS IS CONSISTENT WITH THE POLICY OF OUR OFFICE NOT TO RENDER A DECISION ON A PROTEST WHERE THE MATERIAL ISSUES ARE ALSO INVOLVED IN LITIGATION IN A COURT OF COMPETENT JURISDICTION. B-171122, FEBRUARY 9, 1971; B-171050, MARCH 11, 1971; B-171259, APRIL 8, 1971; AND B-170268, APRIL 14, 1971.