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B-416820 1 (2018-10-11)

handle is hein.gao/gaobadvdk0001 and id is 1 raw text is: 



GO U.S. GOVERNMENT ACCOUNTABILITY OFFICE
441 G St. N.W.                                                  Comptroller General
Washington, DC 20548                                             of the United States




Decision


Matter of: Intuitive Research and Technology Corporation

File:        B-416820

Date:     October 11, 2018

Angela B. Styles, Esq., Robert J. Wagman, Jr., Esq., Laura Prebeck Hang, Esq., and
Joshua M. Freda, Esq., Bracewell LLP, for the protester.
Roderic G. Steakley, Esq., Sirote & Permutt, PC, for Torch Technologies, the
intervenor.
Debra J. Talley, Esq., Department of the Army, for the agency.
Pedro E. Briones, Esq., and Peter H. Tran, Esq., Office of the General Counsel, GAO,
participated in the preparation of the decision.
DIGEST

Protest is dismissed where the matter involved is the subject of litigation before a court
of competent jurisdiction.
DECISION

Intuitive Research and Technology Corporation of Huntsville, Alabama, protests the
issuance of a Federal Supply Schedule task order to Torch Technologies, Inc., under
task order request for quotations No. TORFQ 2018T-01, issued by the Department of
the Army, for technical research and related activities to support the Aviation and
Missile Research, Development, and Engineering Center. Intuitive challenges the
agency's technical and price evaluations and source selection decision.

We dismiss the protest.

The Army has notified the parties that another firm, Systems Studies & Simulation, Inc.,
(SSS), has filed a protest at the United States Court of Federal Claims under this
same solicitation. Req. for Dismissal. The Army points out that the court has
jurisdiction to hear SSS's protest and contends that we should dismiss Intuitive's protest
accordingly. Id. We agree.

Our Office will not decide a protest where, as here, the matter involved is the subject
of litigation before a court of competent jurisdiction. Bid Protest Regulations, 4 C.F.R.
§ 21.11(b); Oahu Tree Experts, B-282247, Mar. 31, 1999, 99-1 CPD 69. Even where

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