B-194086, MAY 23, 1979
Highlights
DIGEST: PROTEST IS DISMISSED WHERE PROTESTER'S REQUEST FOR PRELIMINARY INJUNCTION IS DENIED. MATERIAL ISSUES INVOLVED IN PROTEST ARE IN LITIGATION AND COURT HAS NOT INDICATED ANY INTEREST IN OBTAINING GAO DECISION. MAYFAIR CONSTRUCTION COMPANY: MAYFAIR CONSTRUCTION COMPANY (MAYFAIR) PROTESTS THE CONTRACTING OFFICER'S DETERMINATION THAT THE FIRM IS NONRESPONSIBLE BECAUSE OF A LACK OF BUSINESS INTEGRITY. MAYFAIR CONTENDS THAT THE CONTRACTING OFFICER'S FINDING OF NONRESPONSIBILITY IS TANTAMOUNT TO DEBARMENT. MAYFAIR HAS APPEALED TO THE UNITED STATES COURT OF APPEALS FOR THE DISTRICT OF COLUMBIA AND STATES THAT THIS MATTER WILL NOT BE HEARD OR DECIDED BY THE COURT OF APPEALS UNTIL EARLY 1980. IT IS THE POLICY OF THIS OFFICE NOT TO DECIDE PROTESTS WHERE THE MATERIAL ISSUES ARE BEFORE A COURT OF COMPETENT JURISDICTION UNLESS THE COURT REQUESTS.
B-194086, MAY 23, 1979
DIGEST: PROTEST IS DISMISSED WHERE PROTESTER'S REQUEST FOR PRELIMINARY INJUNCTION IS DENIED, AND PROTESTER HAS APPEALED DECISION. MATERIAL ISSUES INVOLVED IN PROTEST ARE IN LITIGATION AND COURT HAS NOT INDICATED ANY INTEREST IN OBTAINING GAO DECISION.
MAYFAIR CONSTRUCTION COMPANY:
MAYFAIR CONSTRUCTION COMPANY (MAYFAIR) PROTESTS THE CONTRACTING OFFICER'S DETERMINATION THAT THE FIRM IS NONRESPONSIBLE BECAUSE OF A LACK OF BUSINESS INTEGRITY. MAYFAIR CONTENDS THAT THE CONTRACTING OFFICER'S FINDING OF NONRESPONSIBILITY IS TANTAMOUNT TO DEBARMENT. THE PROTESTER ASSERTS THAT IN MAKING THE DETERMINATION OF NONRESPONSIBILITY THE CONTRACTING OFFICER MAY NOT RELY ON INFORMATION RECEIVED FROM THE ASSISTANT UNITED STATES ATTORNEY CONCERNING AN ONGOING INVESTIGATION OF THE FIRM'S ALLEGED CRIMINAL ACTIVITIES.
MAYFAIR FILED A CIVIL ACTION IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF COLUMBIA SEEKING A PRELIMINARY INJUNCTION ENJOINING THE CORPS OF ENGINEERS FROM TAKING ANY ACTION REGARDING THE FIRM'S NONRESPONSIBILITY WITHOUT PROVIDING A HEARING. MAYFAIR ALSO SOUGHT AN AWARD OF THIS CONTRACT AS THE LOW BIDDER. THE COURT HAS DENIED THE REQUEST FOR A PRELIMINARY INJUNCTION.
MAYFAIR HAS APPEALED TO THE UNITED STATES COURT OF APPEALS FOR THE DISTRICT OF COLUMBIA AND STATES THAT THIS MATTER WILL NOT BE HEARD OR DECIDED BY THE COURT OF APPEALS UNTIL EARLY 1980. THEREFORE, MAYFAIR REQUESTS THAT THIS OFFICE REVIEW THE MERITS OF THIS PROTEST NOTWITHSTANDING THE PENDING LITIGATION.
IT IS THE POLICY OF THIS OFFICE NOT TO DECIDE PROTESTS WHERE THE MATERIAL ISSUES ARE BEFORE A COURT OF COMPETENT JURISDICTION UNLESS THE COURT REQUESTS, EXPECTS OR OTHERWISE EXPRESSES AN INTEREST IN OUR DECISION. C.F.R. SEC. 20.10 (1978). IT APPEARS THAT THE ISSUES WHICH ARE BEFORE GAO ARE ALSO BEING LITIGATED. MAYFAIR HAS NOT BEEN GRANTED INJUNCTIVE RELIEF PENDING A DECISION BY THIS OFFICE AND THE COURT HAS NOT INDICATED ANY INTEREST IN A DECISION BY THIS OFFICE.
THE PROTEST IS DISMISSED. DREW CHEMICAL CORPORATION, B-193139, NOVEMBER 28, 1978, 78-2 CPD 404.