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B-190117 1 (1978-01-24)

handle is hein.gao/gaobadfqn0001 and id is 1 raw text is: Vt - THE QEIPTMOLLEM GENERAL DECISION op THE UNTED STATES WASHINGTON, D.C. 20540 B-190117 DATE: January 24, 1978 MATTER OFI Vito's Trucking and Excavating Co. DIGEST: GAO will not review awatd of procurement under grant where state has entered final judgment on matter. Through cdinsel, Vito's Trucking and Excavating C). (VAto),.seeka o'ur review of decipions of the Environmental Protection Agency (EPA) and the grantee City of Fort Lauder- dale, Flotda (City), zoncerning projects 3575 and 4082, Uor the construction of an interconnector force main and sludge transmission line under EPA Grant C-12047403. It-appears that Vito submitted the low composite bid in the amount'o.& $3,300,325. Inman, Inc, submitted the second low bid, at $3,354,184. A protest by Inman pursuant to EPA's bid protept procedures (40 C.F.R. 535.939) resulted in a:determnination by the EPA Regional Administrator in Inman's fayor, resulting in the rejection of Vito's bid. On reconsideration, the EPA Regional Administrator affirmed his decision. The City has concurred in the EPA findings and has determined that Vitc's bid was noncesponsive. It further appears that counsel for Vito Fought a temporary restraining order against the City iI%.the Cir- cuit Court of th6'17th Judicial Circuit of Florida, seeking to prevent the grantee from awarding the contract to Inman while this case was presented for our revier, The Court denied a TRO and in a final judgment.dismissed Vito's com- plaint based, in .part, upon a finding that Vito had failed to establish that award to Inman would be improper. In Grumman Ecosystems Corp., J3-184617, October 24, 1975, 75-2 CPD 252, we ield that ou: long standing policy iot to decide matters which have been the subject of litigation 'on the merits in li court of competent jurisdic- tion wouldthe applied in griit related contract cases. This rule,was extended in The Volpe Construction Co., i-189280, July 6, 1977, 77-2 CPD 9, where a state rather than federal - 1- 'p

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