B-194635, JUN 28, 1979
Highlights
DIGEST: GENERAL ACCOUNTING OFFICE WILL NOT DECIDE MATTER WHERE MATERIAL ISSUE INVOLVED IS SUBJECT TO LITIGATION BEFORE COURT OF COMPETENT JURISDICTION. THE PROTEST IS THE LATEST IN A SERIES OF PROTESTS INVOLVING SIMILAR DC PROCUREMENTS. PERTINENT HISTORY OF THE MATTER IS CONTAINED IN OUR DECISION PRECISION ANALYTICAL LABORATORIES. PAL ALLEGES ITS BID WAS $79. 976 AND B & W'S WAS $154. THUS IT IS ENTITLED TO THE AWARD. THE ISSUES BEFORE THE COURT ARE SUBSTANTIALLY THE SAME AS THOSE RAISED IN THE PROTEST BEFORE THIS OFFICE. A PROTEST WILL NOT BE DECIDED BY THIS OFFICE WHERE THE MATERIAL ISSUES ARE PENDING BEFORE A COURT OF COMPETENT JURISDICTION UNLESS THE COURT REQUESTS. HAVE RECEIVED NOTHING TO INDICATE SUCH JUDICIAL INTEREST.
B-194635, JUN 28, 1979
DIGEST: GENERAL ACCOUNTING OFFICE WILL NOT DECIDE MATTER WHERE MATERIAL ISSUE INVOLVED IS SUBJECT TO LITIGATION BEFORE COURT OF COMPETENT JURISDICTION.
PRECISION ANALYTICAL LABORATORIES:
PRECISION ANALYTICAL LABORATORIES, INC. (PAL), FILED A PROTEST WITH THIS OFFICE CONCERNING SOLICITATION NO. 0074-AA-65-0-9-BM ISSUED BY THE DISTRICT OF COLUMBIA GOVERNMENT (DC) FOR ON-SITE LABORATORY URINALYSIS (DRUG DETECTION) SERVICES FOR THE D. C. SUPERIOR COURT. THE PROTEST IS THE LATEST IN A SERIES OF PROTESTS INVOLVING SIMILAR DC PROCUREMENTS. PERTINENT HISTORY OF THE MATTER IS CONTAINED IN OUR DECISION PRECISION ANALYTICAL LABORATORIES, B-188627, OCTOBER 10, 1978, 78-2 CPD 262.
PAL CONTENDS THAT DC CONTINUES TO DISCRIMINATE AGAINST THAT CORPORATION BY WITHHOLDING PREAWARD QUALIFICATION TEST SCORES WHICH, IT ASSERTS, WOULD SHOW PAL PASSED AND THE ONLY OTHER BIDDER, B & W STAT LABORATORY, INC. (B & W), FAILED. PAL ALLEGES ITS BID WAS $79,976 AND B & W'S WAS $154,934, AND THUS IT IS ENTITLED TO THE AWARD.
PAL HAS ALSO SOUGHT JUDICIAL RELIEF IN THE DISTRICT OF COLUMBIA SUPERIOR COURT, CIVIL ACTION NO. 4551-79. THE ISSUES BEFORE THE COURT ARE SUBSTANTIALLY THE SAME AS THOSE RAISED IN THE PROTEST BEFORE THIS OFFICE.
A PROTEST WILL NOT BE DECIDED BY THIS OFFICE WHERE THE MATERIAL ISSUES ARE PENDING BEFORE A COURT OF COMPETENT JURISDICTION UNLESS THE COURT REQUESTS, EXPECTS, OR OTHERWISE EXPRESSES AN INTEREST IN OUR DECISION. DONLEY, RICHARDSON AND ASSOCIATES, B-190772, JANUARY 10, 1978, 78-1 CPD 20; ALTON IRON WORKS, INC., B-191899, AUGUST 30, 1978, 78-2 CPD 156. HAVE RECEIVED NOTHING TO INDICATE SUCH JUDICIAL INTEREST.
ACCORDINGLY, WE WILL TAKE NO FURTHER ACTION ON THE MATTER.