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B-213070, SEP 26, 1983

B-213070 Sep 26, 1983
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DIGEST: A PROTEST THAT CONCERNS A DISPUTE BETWEEN PRIVATE PARTIES IS NOT A MATTER THAT GAO WILL CONSIDER. WE WILL NOT CONSIDER THE PROTEST. DSG ASSERTS THAT IT IS THE INCUMBENT CONTRACTOR AT FORT STEWART. THAT TWO OF KIME'S PRINCIPALS WERE EMPLOYED BY DSG ON THE FORT STEWART CONTRACT WHEN KIME BID ON A FOOD SERVICE CONTRACT AT FORT CAMPBELL. THAT THE FOREGOING IS A BREACH OF THE FIDUCIARY OBLIGATIONS ARISING OUT OF THEIR EMPLOYMENT WITH DSG. DSG NOTES THAT THE MATTER IS PRESENTLY PENDING BEFORE THE UNITED STATES DISTRICT COURT FOR THE WESTERN DISTRICT OF KENTUCKY. ARE BEYOND THE ADJUDICATORY FUNCTION OF THIS OFFICE. THE PROTEST IS DISMISSED.

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B-213070, SEP 26, 1983

DIGEST: A PROTEST THAT CONCERNS A DISPUTE BETWEEN PRIVATE PARTIES IS NOT A MATTER THAT GAO WILL CONSIDER.

DSG CORPORATION:

DSG CORPORATION PROTESTS THE AWARD OF A FOOD SERVICE CONTRACT TO KIME PLUS UNDER SOLICITATION NO. DAKF10-83-B-0148 ISSUED BY FORT STEWART, GEORGIA. WE WILL NOT CONSIDER THE PROTEST.

DSG ASSERTS THAT IT IS THE INCUMBENT CONTRACTOR AT FORT STEWART; THAT TWO OF KIME'S PRINCIPALS WERE EMPLOYED BY DSG ON THE FORT STEWART CONTRACT WHEN KIME BID ON A FOOD SERVICE CONTRACT AT FORT CAMPBELL; AND, THAT THE FOREGOING IS A BREACH OF THE FIDUCIARY OBLIGATIONS ARISING OUT OF THEIR EMPLOYMENT WITH DSG. DSG NOTES THAT THE MATTER IS PRESENTLY PENDING BEFORE THE UNITED STATES DISTRICT COURT FOR THE WESTERN DISTRICT OF KENTUCKY. DSG REQUESTS THAT WE DECLARE KIME'S BID TO BE IMPROPER AND THAT KIME BE FOUND TO BE INELIGIBLE FOR AWARD.

THESE ALLEGATIONS ESSENTIALLY RELATE TO A DISPUTE BETWEEN PRIVATE PARTIES CONCERNING THEIR BUSINESS PRACTICES AND RELATIONSHIPS, AND ARE BEYOND THE ADJUDICATORY FUNCTION OF THIS OFFICE. TED R. BROWN & ASSOCIATES, INC., B-201724, FEBRUARY 23, 1981, 81-1 CPD 127.

THE PROTEST IS DISMISSED.

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