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B-215309 1 (1984-06-27)

handle is hein.gao/gaobadltl0001 and id is 1 raw text is:                    .uA a                                ,_    _4
                a         THE COMPTROLLER GENERAL            N
 DECIION          n       OP THE UNITEO STATES
                          WASHINGTON. 0.C. 20548



FILE: 8-215309                          DATE: June 27, 1984

MATTER OF: Norsaire Corporation

DIGEST:


     When material issues involved in a complaint
     concerning a procurement by a federal gran-
     tee are also before a state court, and the
     court has not expressed an interest in GAO's
     opinion, GAO will dismiss the complaint.


     Norsaire Corporation complains that an Urban Mass
Transportation Administration (UMTA) grantee has improperly
rescinded a contract awarded to it. Pecause Norsaire has
filed a complaint on the same grounds in a Colorado
District Court, and the court has not expressed an interest
in our opinion, we dismiss the matter.

     According to Norsaire, the board of directors of the
Regional Transportation District, operator of a multi-city
transportation network in the Denver area, voted to award
it a contract for cooling systems to be installed on more
than 100 buses. The agency's administrative staff, how-
ever, decided that because of ambiguities in the initial
solicitation, a new solicitation should be issued. This
was done on April 11, 1984.

     Norsaire complained first to the grantee, which
advised it that no contract had been awarded, and then to
UMTA's Denver Regional Office, which refused to consider
the matter because the same issues were involved in
Norsaire's state court complaint, filed May 5, 1984.
Norsaire appeals this refusal to our Office and reauests
that we review the merits of the case, applying federal
statutes and regulations.

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