B-218179.2, APR 10, 1985, 85-1 CPD 409
Highlights
CONTRACTS - PROTESTS - REPROCUREMENT DIGEST: PRIOR DISMISSAL OF PROTEST SEEKING TO ENJOIN REPROCUREMENTS DURING PENDENCY OF APPEAL OF DEFAULT TERMINATIONS TO BOARD OF CONTRACT APPEALS IS AFFIRMED BECAUSE STAY PROVISIONS OF COMPETITION IN CONTRACTING ACT. GAO IS NOT AWARE OF ANY STATUTE OR REGULATION PROHIBITING SUCH REPROCUREMENTS. THE DESIRE FOR INJUNCTIVE RELIEF PENDING ANOTHER FORUM'S DECISION ON A MATTER BEYOND THE SCOPE OF GAO'S BID PROTEST AUTHORITY IS NOT A PROPER PROTEST BASIS. WITH AIR SINCE THE MATTER IS ESSENTIALLY ONE OF CONTRACT ADMINISTRATION. AIR NOW EMPHASIZES THAT IT WAS NOT ORIGINALLY PROTESTING THE TERMINATION. AIR IS REQUESTING INJUNCTIVE RELIEF. THESE PROVISIONS ARE NOT APPLICABLE TO PROTESTS FILED BEFORE JANUARY 15.
B-218179.2, APR 10, 1985, 85-1 CPD 409
CONTRACTS - PROTESTS - REPROCUREMENT DIGEST: PRIOR DISMISSAL OF PROTEST SEEKING TO ENJOIN REPROCUREMENTS DURING PENDENCY OF APPEAL OF DEFAULT TERMINATIONS TO BOARD OF CONTRACT APPEALS IS AFFIRMED BECAUSE STAY PROVISIONS OF COMPETITION IN CONTRACTING ACT, TITLE VII OF PUBLIC LAW 98-369, DO NOT APPLY TO PROTESTS FILED PRIOR TO JANUARY 15, 1985, GAO IS NOT AWARE OF ANY STATUTE OR REGULATION PROHIBITING SUCH REPROCUREMENTS, AND THE DESIRE FOR INJUNCTIVE RELIEF PENDING ANOTHER FORUM'S DECISION ON A MATTER BEYOND THE SCOPE OF GAO'S BID PROTEST AUTHORITY IS NOT A PROPER PROTEST BASIS.
AIR INC.-- RECONSIDERATION:
AIR INC. (AIR), REQUESTS RECONSIDERATION OF OUR DECISION AIR INC., B-217541, JAN. 25, 1985, 85-1 CPD PARA. 104. IN THAT DECISION, WE DECLINED TO REVIEW THE TERMINATION BY THE GENERAL SERVICES ADMINISTRATION (GSA) OF ITS CONTRACTS NOS. GS-00F-67327 AND GS-00F 67328, WITH AIR SINCE THE MATTER IS ESSENTIALLY ONE OF CONTRACT ADMINISTRATION, PROPERLY APPEALABLE TO THE GSA BOARD OF CONTRACT APPEALS (BOARD) OR THE U.S. CLAIMS COURT.
AIR NOW EMPHASIZES THAT IT WAS NOT ORIGINALLY PROTESTING THE TERMINATION, BUT RATHER ASKING THAT WE ACT TO PREVENT ANY REPROCUREMENT BY GSA OF THE ITEMS INVOLVED UNTIL THE BOARD, TO WHICH AIR NOW STATES IT HAS APPEALED, REACHES A DECISION. IN EFFECT, AIR IS REQUESTING INJUNCTIVE RELIEF.
WHILE THE COMPETITION IN CONTRACTING ACT OF 1984 (CICA) (TITLE VII OF PUBLIC LAW 98-369) PROVIDES FOR THE SUSPENSION OF CONTRACT AWARD AND PERFORMANCE IN CERTAIN CIRCUMSTANCES, THESE PROVISIONS ARE NOT APPLICABLE TO PROTESTS FILED BEFORE JANUARY 15, 1985, AS WAS THE CASE WITH AIR'S ORIGINAL PROTEST (CICA SEC. 2751(B)(E)). MOREOVER, THE DESIRE FOR INJUNCTIVE RELIEF PENDING A DECISION BY ANOTHER FORUM ON A MATTER BEYOND THE SCOPE OF OUR BID PROTEST AUTHORITY IS NOT A PROPER BASIS FOR PROTEST. IN ADDITION, WE POINT OUT THAT WE ARE NOT AWARE OF ANY STATUTORY OR REGULATORY PROVISION WHICH PRECLUDES AN AGENCY FROM PROCEEDING WITH A REPROCUREMENT DURING THE PENDENCY OF AN APPEAL OF A CONTRACT TERMINATION TO THE GSA BOARD.
IN VIEW OF THE FOREGOING, THE PRIOR DISMISSAL IS AFFIRMED.