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B-199947 1 (1980-11-10)

handle is hein.gao/gaobadiro0001 and id is 1 raw text is: THE COMPTROLLER GENERAL DECISIO0N . OF THE UNITED STATES SWAS HINGTON, 0.C. 20546 L NITL0 FILE: B-199947 DATE: November 10, 1980 MATTER OF: The Stanwick Corporation DIGEST: Protest is dismissed where protester files request for relief in court of competent jurisdiction involving same material issues as protest and court has not indicated any interest in GAO decision. The Stanwick Corporation (Stanwick) has protested the award of a contract to M. Rosenblatt & Son, Inc., under solicitation No. N00123-80-R-0193 issued by the Department of the Navy. Subsequent to filing its pro- test, Stanwick also sought a temporary restraining order, a preliminary injunction, permanent injunctive relief and a declaratory judgment in the United States District Court for the District of Columbia, Civil Action No. 80-2625, thereby placing the material issues involved in the protest before the court. It is the policy of this Office not to decide protests where the material issues are before a court of competent jurisdiction unless the court requests, expects, or otherwise expresses an interest in our decision. 4 C.F.R. S 20.10 (1980); E.A. Ellis Contractors, Inc., B-197445, March 11, 1980, 80-1 CPD 189. Usually, the expectation or expression of n terest results from the gr nting of a plaintiff's [request for injunctive relief pending our decision, see. e.g., KET. Incorporate d , 58 Comp. Gen. 38 (1978), 78-2 CPD 305, or from some other affirmative indication that the court is interested in our views. See, e.g., GTE Sylvania, Inc., 57 Comp. Gen. 715 (1977), 77-2 CPD 422; J. Baranello & Sons, 58 Comp. Gen. 509 (1979), 79-1 CPD 322.

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