B-216975, JAN 23, 1985, 85-1 CPD 90
Highlights
CONTRACTS - PROTESTS - ABEYANCE PENDING COURT ACTION DIGEST: GAO WILL NOT CONSIDER A PROTEST WHERE THE MATERIAL ISSUES ARE BEFORE A COURT OF COMPETENT JURISDICTION WHICH HAS NOT EXPRESSED AN INTEREST IN RECEIVING GAO'S DECISION. THE SOLICITATION WAS FOR THE DELIVERY AND INSTALLATION OF TWO MODULAR BUILDINGS AT THE NAVAL AIR STATION IN PATUXENT RIVER. INTERNATIONAL ALLEGES THAT ITS BID WAS REJECTED AS NONRESPONSIVE AND THAT AWARD WAS MADE IMPROPERLY TO WILLIAMS MOBILE OFFICES. WHILE THE PROTEST WAS PENDING WITH OUR OFFICE. THE BASES FOR INTERNATIONAL'S LAWSUIT ARE THE SAME AS THOSE PRESENTED TO OUR OFFICE IN THE PROTEST. IT IS THE POLICY OF OUR OFFICE NOT TO DECIDE PROTESTS WHERE THE MATERIAL ISSUES ARE BEFORE A COURT OF COMPETENT JURISDICTION UNLESS THE COURT REQUESTS.
B-216975, JAN 23, 1985, 85-1 CPD 90
CONTRACTS - PROTESTS - ABEYANCE PENDING COURT ACTION DIGEST: GAO WILL NOT CONSIDER A PROTEST WHERE THE MATERIAL ISSUES ARE BEFORE A COURT OF COMPETENT JURISDICTION WHICH HAS NOT EXPRESSED AN INTEREST IN RECEIVING GAO'S DECISION.
INTERNATIONAL SHELTER SYSTEMS, INC.:
INTERNATIONAL SHELTER SYSTEMS, INC. (INTERNATIONAL), PROTESTS THE AWARD OF A CONTRACT UNDER A SOLICITATION NO. N00421-84-B-0212 BY THE DEPARTMENT OF THE NAVY. THE SOLICITATION WAS FOR THE DELIVERY AND INSTALLATION OF TWO MODULAR BUILDINGS AT THE NAVAL AIR STATION IN PATUXENT RIVER, MARYLAND. INTERNATIONAL ALLEGES THAT ITS BID WAS REJECTED AS NONRESPONSIVE AND THAT AWARD WAS MADE IMPROPERLY TO WILLIAMS MOBILE OFFICES, INC., THE NEXT LOW RESPONSIVE BIDDER.
WHILE THE PROTEST WAS PENDING WITH OUR OFFICE, INTERNATIONAL FILED SUIT IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF MARYLAND. THE BASES FOR INTERNATIONAL'S LAWSUIT ARE THE SAME AS THOSE PRESENTED TO OUR OFFICE IN THE PROTEST.
IT IS THE POLICY OF OUR 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. 21.10 (1984); CACI, INC., B-210246, FEB. 1, 1983, 83-1 CPD PARA. 113. THE COURT HAS NOT EXPRESSED AN INTEREST IN OUR DECISION IN THIS MATTER. THEREFORE, THE PROTEST IS DISMISSED.