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A firm protested a Department of State contract award, contending that it was improperly disqualified for failing a benchmark test of its equipment. The protester had also filed suit in court concerning the same issue. GAO held that, when the basis of a protest is also before a court of competent jurisdiction, the court's decision will control the resolution of the protest. GAO will consider the matter only if requested to do so by the court which was not the case here. Accordingly, the protest was dismissed.

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