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Which was synopsized on March 1. These services were reprocured because the Navy had previously terminated for default National's original contract (No. Once the default action was taken. We understand that National's appeal is still pending with the Board. National's only ground of protest is that it is allegedly impermissible for the Navy to proceed with a reprocurement action while National's appeal is still pending before the Board. Although the synopsis for the solicitation was issued on March 1. The protest is premature. National's protest is. We have no jurisdiction to consider. 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.

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B-239262, May 24, 1990, 90-1 CPD 498

PROCUREMENT - Contract Management - Contract administration - Default termination - Resolicitation - GAO review PROCUREMENT - Bid Protests - GAO procedures - Pending litigation - GAO review DIGEST: The General Accounting Office has no authority to consider, let alone issue, stay of reprocurement solicitation pending outcome of protester's appeal of default termination of original contract with the Armed Services Board of Contract Appeals.

Attorneys

National Medical Staffing, Inc.:

National Medical Staffing, Inc., has protested against the reprocurement of pharmacy technician services for the Naval Hospital, Millington, Tennessee, under solicitation No. N68836-90-R-0085, which was synopsized on March 1, 1990. These services were reprocured because the Navy had previously terminated for default National's original contract (No. N68836 -90-C-0028) for these same services on February 1, 1990. Once the default action was taken, National thereafter filed an appeal with the Armed Services Board of Contract Appeals. We understand that National's appeal is still pending with the Board. National's only ground of protest is that it is allegedly impermissible for the Navy to proceed with a reprocurement action while National's appeal is still pending before the Board.

We dismiss the protest.

Although the synopsis for the solicitation was issued on March 1, 1990, the Navy informs us that no solicitation has yet been issued. Therefore, the protest is premature. In any event, National's protest is, in effect, a request that our Office stay the reprocurement pending the Board's decision on National's appeal. We have no jurisdiction to consider, let alone issue, the requested stay. Air, Inc.-- Reconsideration, B-218179.2, Apr. 10, 1985, 85-1 CPD Para. 409. In addition, 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.

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