The protesters, a joint venture, challenged the validity of a contract award to another joint venture. Although the case was the subject of a suit in a district court, the protest was considered since the original court decision had been eliminated, the suit was not active, and the protesters had indicated their willingness to have the court action dismissed without prejudice. The low bidder was n...

DISTRICT COURT'S OPINION IS ELIMINATED. IS NOT RES JUDICATA. IS NOT BAR TO CONSIDERATION OF PROTEST. SINCE IT CANNOT BE CONSIDERED TO HAVE BEEN DECIDED BY DISTRICT COURT. CONTRACTS - PROTESTS - PROCEDURES - COURT ACTION PENDING FACT THAT ISSUES CONTAINED IN PROTEST ARE ALSO CONTAINED IN PROTESTER'S SUIT IN DISTRICT COURT WOULD ORDINARILY BE BAR TO CONSIDERATION OF PROTEST ABSENT REQUEST OR EXPRESS...