B-195899: Oct 30, 1979

A firm protested the award of a Department of Commerce (DOC) contract and then filed suit against DOC in the United States District Court, using the grounds presented in the protest as bases for the court suit. After consideration of the matter, the Court denied a motion for preliminary injunction and dismissed the protester's action with prejudice. A dismissal with prejudice by a court operates a...

B-195899: Oct 30, 1979

DIGEST: PROTEST WILL NOT BE CONSIDERED WHERE MATERIAL ISSUES WERE BEFORE COURT OF COMPETENT JURISDICTION WHICH DISMISSED CASE WITH PREJUDICE. IT IS THE POLICY OF OUR OFFICE NOT TO DECIDE A PROTEST WHERE THE MATERIAL ISSUES HAVE BEEN THE SUBJECT OF JUDICIAL DECISION. 4 C.F.R. THE PROTEST IS DISMISSED...