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B-187155 1 (1976-10-15)

handle is hein.gao/gaobadefh0001 and id is 1 raw text is: THIS COMIPTROLLER lENERAL. DECISION OF THE UNITED S3TATEDI WASHINGTON, 0.0, 20148 FILR: B-187155 DATE; October 15, 1976 MATYEH OF: Modular Devices, Inc. DIGEST: It iu policy of GAO to decline to rule on issues involved in cases which are under litigation in courta, Since propriety of agency's rejection of protev'ter's bid and award of contract to another firm As presently before the Court of Claims GAO will not rule on issues. Counsel for Modular Devices, Inc. (Modular), protested the rejection of its bid and the award of a contract to a higher bidr: under invitation for bids (IFb) 5-87248/066, issued by the Natio.Al Aeronautics and Space Adminiatration (NASA). By letter of October 5, 1976, we were advised by Modular's counsel that Modular had filed an action in the United States Court of Claims, Civil Action No. 409-76, aaeking a judgment for damages to repucation, loss of profit, and bid preparatioc costs, Since the propriety of NASA's rejection of Modular's bid and the award of a contract to another firm is prewently before the Court of Claims, we are closing our file without further action. It is the policy of our Office to decline to rule on a protest where the material issues involved are likely to be disposed of in litiga- tion by a court of competent jurisdiction. See lyco, B-185213, March 9, 1976, 76-1 CPD 166. Paul G. embling General Counsel 0

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