About | HeinOnline Law Journal Library | HeinOnline Law Journal Library | HeinOnline
LOG IN
LOG IN

B-185874 1 (1977-12-08)

handle is hein.gao/gaobadfkx0001 and id is 1 raw text is: ?, 4 \ YM CEMPTROILLR M CIENERAL DECISION*a7'~S); CF THE UNITEC ETATEE : W WASH IN a TO N. D.C. 2 0 5 4 a FILE: B-185874 DATE: December 8, 1977 MATTER OF: Sovereign Construction Company, Ltd.; City of Philadelphia DIGEST: GAO declined to consider EPA grantee's request 5 . for review of EPA decision concerning accept- ability of low bid because matter was before U.S. District Court. Subsequent court judgment in , favor of grantee vars based on low bidder's failure to staci claim upon which relief could be granted. Since low bidder has appelod judgment, matter will atill not be considered on merits by GAO. The City of Philadelphia isued bid No. 2497,Car the general construction and mechanical wrk on the Nottheast Pollution Control Plant. The construction was to be conducted pursuant to a 75-percent construction grant by the Environmental Protection Agehcy (EPA). Although Sovereign Conutruction Company, Ltd., submitted the low bid for the work, the bid was rejected by the City as unbalanced. Pursuant to Sovereign's request that EPA review the CIty's action, an EPA Regional Administrator found that the City acted unreasonably and directed that award be made to Sovereign. The City requested that our Office review the EPA Regi6nal Administrator's decision. However, Sovarsign filed.Civil Action No. 77-739 in the United States Distric: Court for the Ectern District of Pennsylvania requesting tts coulm. to order the City to award the contract to Sovereign. In view of our policy not to decide matters where the material issues involved are before a court of competent juriadiction unless the court expresses an interest In receiving our views, 52 Comp. Gen. 706 (1973), we declined to con- sider the City's request. Sover'ign Construction Company, Ltd.; City of Philadelphia, B-185874, harch 6. 1977, 77-1 CPD 168. On November 4, the court enteed Jidgment in favor of che City on the basis that Sovereign failed to state a claim upon which relief could be grant 4. By letter of November 10, the City has reviewed its request trU our Office on the basi, that the November 4 judgment effectively i~r.moves this matter from iieview'by a court of competent jurisdiction. However, we have been advised that Sovereign has filed an appeal from the November Is judgmeut in the United States Court of Appeals. -l1 -

What Is HeinOnline?

HeinOnline is a subscription-based resource containing thousands of academic and legal journals from inception; complete coverage of government documents such as U.S. Statutes at Large, U.S. Code, Federal Register, Code of Federal Regulations, U.S. Reports, and much more. Documents are image-based, fully searchable PDFs with the authority of print combined with the accessibility of a user-friendly and powerful database. For more information, request a quote or trial for your organization below.



Contact us for annual subscription options:

Contact Us

Already a HeinOnline Subscriber?

Log In

profiles profiles most