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B-195883 1 (1980-03-17)

handle is hein.gao/gaobadicb0001 and id is 1 raw text is: 



                                      THE  COMPTROLLER GENERAL
              DECISION                OF  THE   UNITED     STATES
                                   SWAS H INGTON. D.C. 20546




              FILE: B-195883                DATE: March 17, 1980

              MATTER  OF: Technicon Instrument Corporation


              DIGEST:

                  Protest is dismissed where court of
                  competent jurisdiction never expected
                  or requested GAO decision and decided
                  protest on merits.


                  Technicon Instrument Corporation (Technicon)
             protested that invitation for bids (IFB) No. 62-A-
             SEA-79, issued by the Department of Agriculture,
             contained unduly restrictive specifications.
             Technicon also sought injunctive and declaratory
             relief before the United States District Court for
             the District of Columbia in Technicon v. Bergland,
             Civil Action No. 79-2443. The same issue was before
             the court.

                  The court never expected or requested our
             opinion.  On December 7, 1979, the court denied
             Technicon's requests for relief and entered judgment
             for the defendant on the merits. Where a protest
             has been decided on the merits by a court of compe-
             tent jurisdiction without expecting or requesting
             our opinion, it is our policy to dismiss the protest.
             4 C.F.R. § 20.10 (1979); Frontier Science Associates,
             Inc.--Reconsideration, B-192654, December 26, 1978,
             78-2 CPD 433.




                             / =-Milton J. Socolar
                                General Counsel







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