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PROTEST TO GAO AGAINST AWARD OF CONTRACT FOR CONSTRUCTION IS DISMISSED BECAUSE PROTESTER HAS FILED REQUEST FOR RELIEF IN COURT OF COMPETENT JURISDICTION AND COURT HAS NOT INDICATED INTEREST IN GAO DECISION. THE GROUNDS ENUMERATED AS THE BASIS FOR THE SUIT ARE ESSENTIALLY THE SAME AS THOSE PRESENTED IN SUPPORT OF THE PROTEST. THIS OFFICE WILL NOT RESOLVE A PROTEST IN WHICH 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.

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B-189007, JUNE 24, 1977

PROTEST TO GAO AGAINST AWARD OF CONTRACT FOR CONSTRUCTION IS DISMISSED BECAUSE PROTESTER HAS FILED REQUEST FOR RELIEF IN COURT OF COMPETENT JURISDICTION AND COURT HAS NOT INDICATED INTEREST IN GAO DECISION.

INTERNATIONAL UNION OF OPERATING ENGINEERS, LOCAL NO. 3:

LOCAL UNION NO. 3 OF THE INTERNATIONAL UNION OF OEPRATING ENGINEERS (UNION) PROTESTS THE AWARD OF A CONTRACT FOR CONSTRUCTION RELATING TO THE TYZACK DAM BY THE DEPARTMENT OF THE INTERIOR, BUREAU OF RECLAMATION, TO BROWN AND ROOT, INC., UNDER INVITATION FOR BIDS NO. DC 7262.

COUNSEL FOR THE PROTESTER HAS ALSO FILED SUIT IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF UTAH (CIVIL ACTION NO. 77-0160) REQUESTING, INTER ALIA, THAT THE COURT ENJOIN IMPLEMENTATION OF THE AWARD TO BROWN AND ROOT, INC., PENDING A FULL TRIAL ON THE MERITS. THE GROUNDS ENUMERATED AS THE BASIS FOR THE SUIT ARE ESSENTIALLY THE SAME AS THOSE PRESENTED IN SUPPORT OF THE PROTEST.

THIS OFFICE WILL NOT RESOLVE A PROTEST IN WHICH 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 (1977). BECAUSE THE UNION 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.

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