B-188460, APRIL 14, 1977
Highlights
PROTEST TO GAO AGAINST AWARD OF CONTRACT FOR ELEVATOR TESTING AND REPAIR SERVICE IS DISMISSED. THE GROUNDS PRESENTED AS THE BASES FOR THE SUIT ARE ESSENTIALLY THE SAME AS THOSE PRESENTED IN SUPPORT OF THE PROTEST. THIS OFFICE WILL NOT RESOLVE A PROTEST WHERE THE MATTER INVOLVED IS THE SUBJECT OF LITIGATION BEFORE A COURT OF COMPETENT JURISDICTION UNLESS THE COURT REQUESTS. WE WILL NOT DECIDE THE PROTEST. THE MATTER IS DISMISSED.
B-188460, APRIL 14, 1977
PROTEST TO GAO AGAINST AWARD OF CONTRACT FOR ELEVATOR TESTING AND REPAIR SERVICE IS DISMISSED, SINCE PROTESTER HAS FILED REQUEST FOR RELIEF IN COURT OF COMPETENT JURISDICTION AND COURT HAS NOT INDICATED INTEREST IN GAO DECISION.
ELEVATOR SALES AND SERVICE, INC.:
ELEVATOR SALES AND SERVICE, INC., PROTESTS THE AWARD OF A CONTRACT FOR ELEVATOR TESTING AND REPAIR SERVICE BY THE NAVAL FACILITIES ENGINEERING COMMAND TO HEAD, INC., UNDER INVITATION FOR BIDS NO. N62472 77-B-4506.
THE PROTESTER HAS ALSO FILED SUIT IN THE UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF PENNSYLVANIA (CIVIL ACTION NO. 77 651) REQUESTING, INTER ALIA, THAT THE COURT PERMANENTLY ENJOIN IMPLEMENTATION OF THE AWARD TO HEAD, INC. THE GROUNDS PRESENTED AS THE BASES FOR THE SUIT ARE ESSENTIALLY THE SAME AS THOSE PRESENTED IN SUPPORT OF THE PROTEST.
THIS OFFICE WILL NOT RESOLVE A PROTEST WHERE THE MATTER INVOLVED IS THE SUBJECT OF LITIGATION BEFORE A COURT OF COMPETENT JURISDICTION UNLESS THE COURT REQUESTS, EXPECTS OR OTHERWISE EXPRESSES INTEREST IN OUR DECISION. 4 C.F.R. 20.10 (1976). SINCE ELEVATOR SALES AND SERVICE, INC., HAS NOT REQUESTED INJUNCTIVE RELIEF PENDING A DETERMINATION BY THIS OFFICE AND THE COURT HAS NOT INDICATED ANY INTEREST IN OUR VIEWS, WE WILL NOT DECIDE THE PROTEST. THE MATTER IS DISMISSED.