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[Protest of State Contract Award Alleging Improper Disqualification]

B-215574: Aug 15, 1984

A firm protested a Department of State contract award, contending that it was improperly disqualified for failing a benchmark test of its equipment. The protester had also filed suit in court concerning the same issue. GAO held that, when the basis of a protest is also before a court of competent jurisdiction, the court's decision will control the resolution of the protest. GAO will consider the m...

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B-215574, AUG 15, 1984, 84-2 CPD 184

B-215574: Aug 15, 1984

CONTRACTS - PROTESTS - ABEYANCE PENDING COURT ACTION DIGEST: GAO WILL NOT CONSIDER A BID PROTEST WHEN THE ISSUES PRESENTED ARE BEFORE A COURT OF COMPETENT JURISDICTION. WE WILL NOT CONSIDER THE PROTEST. WHILE THE PROTEST WAS PENDING. WHICH IS IDENTICAL TO THAT RAISED IN OUR OFFICE. WILL CONTROL THE RESOLUTION OF THE PROTEST. THE BASIS FOR A CIVIL SUIT IS SUBSTANTIALLY THE SAME AS THAT PRESENTED IN...

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