B-216088, SEP 17, 1984, 84-2 CPD 303
Highlights
CONTRACTS - PROTESTS- ABEYANCE PENDING COURT ACTION DIGEST: GAO WILL NOT CONSIDER A PROTEST WHERE THE MATERIAL ISSUES ARE BEFORE A COURT OF COMPETENT JURISDICTION AND THE COURT HAS NOT EXPRESSED INTEREST IN GAO'S DECISION. THE RFP IS A TOTAL SMALL BUSINESS SET-ASIDE. RCI CONTENDS THAT PAC IS NOT A SMALL BUSINESS AND THAT THE USMC DID NOT APPLY THE EVALUATION CRITERIA SET FORTH IN THE SOLICITATION. IT IS THIS OFFICE'S POLICY NOT TO RENDER A DECISION WHERE THE MATERIAL ISSUES ARE PENDING BEFORE A COURT OF COMPETENT JURISDICTION UNLESS THE COURT EXPRESSES AN INTEREST IN OUR DECISION. THE PROTEST IS DISMISSED.
B-216088, SEP 17, 1984, 84-2 CPD 303
CONTRACTS - PROTESTS- ABEYANCE PENDING COURT ACTION DIGEST: GAO WILL NOT CONSIDER A PROTEST WHERE THE MATERIAL ISSUES ARE BEFORE A COURT OF COMPETENT JURISDICTION AND THE COURT HAS NOT EXPRESSED INTEREST IN GAO'S DECISION.
RESOURCE CONSULTANTS, INC.:
RESOURCE CONSULTANTS, INC. (RCI), PROTESTS ANY AWARD TO PLANNING ANALYSIS CORPORATION (PAC) UNDER REQUEST FOR PROPOSALS (RFP) NO. M00027 83-R-0036, ISSUED BY THE UNITED STATES MARINE CORPS (USMC) FOR SYSTEMS ANALYSIS AND DESIGN SUPPORT TO THE USMC'S REAL TIME FINANCE AND MANPOWER MANAGEMENT INFORMATION SYSTEM. THE RFP IS A TOTAL SMALL BUSINESS SET-ASIDE. RCI CONTENDS THAT PAC IS NOT A SMALL BUSINESS AND THAT THE USMC DID NOT APPLY THE EVALUATION CRITERIA SET FORTH IN THE SOLICITATION. THE PROTESTER HAS ALSO FILED SUIT IN THE UNITED STATES CLAIMS COURT, INVOLVING THE SAME ISSUES RAISED IN THE PROTEST, SEEKING PERMANENT RELIEF.
IT IS THIS OFFICE'S POLICY NOT TO RENDER A DECISION WHERE THE MATERIAL ISSUES ARE PENDING BEFORE A COURT OF COMPETENT JURISDICTION UNLESS THE COURT EXPRESSES AN INTEREST IN OUR DECISION. JOULE MAINTENANCE CORPORATION, B-212753, JAN. 30, 1984, 84-1 CPD PARA. 128. THE COURT HAS NOT EXPRESSED SUCH INTEREST.
THE PROTEST IS DISMISSED.