B-195899, OCT 30, 1979
Highlights
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.
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.
AFRO-AMERICAN SERVICES, INC.:
AFRO-AMERICAN SERVICES, INC. PROTESTS THE AWARD OF A CONTRACT TO JETS, INC. FOR FOOD SERVICES AT THE U. S. MERCHANT MARINE ACADEMY. THE CONTRACT RESULTED FROM SOLICITATION NO. MA-80-SAC-0001 ISSUED BY THE DEPARTMENT OF COMMERCE.
AFRO-AMERICAN FILED SUIT AGAINST THE DEPARTMENT OF COMMERCE IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF COLUMBIA, CIVIL ACTION NO. 79-2440. THE GROUNDS PRESENTED AS BASES FOR THE COURT SUIT INCLUDED THOSE PRESENTED TO THIS OFFICE IN SUPPORT OF THE PROTEST. AFTER CONSIDERATION OF WRITTEN AND ORAL ARGUMENTS, WHICH INCLUDED A DISCUSSION OF ISSUES RAISED IN THE GAO PROTEST, THE COURT DENIED A MOTION FOR PRELIMINARY INJUNCTION AND DISMISSED AFRO-AMERICAN'S ACTION WITH PREJUDICE.
A DISMISSAL WITH PREJUDICE BY A COURT OPERATES AS A FINAL ADJUDICATION ON THE MERITS. 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. SEC. 20.10 (1979); COMPUTER PRODUCTS UNLIMITED, INC., B-192736, JANUARY 23, 1979, 79-1 CPD 44.
THE PROTEST IS DISMISSED.