Free Motion to Dismiss - Rule 12(b)(1) - District Court of Federal Claims - federal

Case 1:07-cv-00007-SGB

Document 11-2

Filed 01/10/2007

Page 1 of 3

Comptroller General of the United States
Ac

countability Integrity Reliability
fl

taes

S

United

United States Government Accountability Office Washington., DC 20548

on
Matter of: Managemen t Solutions & Systems, Inc.

Date:

DECISION
,Management transfer of help& System support Inc. protests the Solutions desk ., U.S. .DepartmSnof DepartmentmentSoluishU. Mange servicbngdl y , Housing and Urban Development (HUD) under contract No. C-OPC-23028 to Creative Computing Solutions. Inc. (CCSi) via an alle ged out of scope modification -02014, its HUD contract N We
dismiss

the

p rotest because the matter

is currentlpending before a court of competent jurisdiction. y

of competent jurisdiction. to include the help desk support services being delivered by Mana g ement Solutions und e r contract C-OPC-23028, the same action challenged in the protest before our office. Specifically, Management Solutions is seeking declaratory judgment from the Court, as follows: that tr ansfer to CCSI of the help desk support services _ unlawful

The protester has filed suit in the Court of Federal .C-OP2308 o N Claims rhallengifig, in part, HUD's ntrac o c

because the United_ States Small Business Administration has not determined, as is required by 13 C.F.R. § 124.504(c)(2), whether or not the transfer of these help .support services to CCSi would have an adverse impact on [Management Solutions].
Complaint

U.S., No. 07-7C (Fed. Cl.)

07-C

e siII no- decide a protest where the matter involved is the subject of litigatio n before a court of competent jurisdiction. Bid Protest Regulations, 4 C.F.R. § 21.11(b) (2006). Even where the issues before a court are not the same issues which a protester is attempting to raise in our Office, if the court's disposition of a matter before it would render a decision of our Office academic, we will not consider protest while the matter is pending before the court. Schu erman
Dev. Co.

01/10 /2007 11:51

F

AX

2025129749

Case 1:07-cv-00007-SGB

Document 11-2

Filed 01/10/2007

Page 2 of 3

B-242331.3, Mar. 22, 1991, 91-1 CPD ¶ 321, at 2.

64.3 Oct. 3, 1991, 91-2 CPD ¶ 286 at 2-3, Geronimo Serv. Co.--Recon.,

Although the specific leg al issue before the Court noted above has not been raised with our Office, the protest filed by Management Solutions with our Office challenges the sam e core action-specifically, HUD's transfer of work Management Solutions to CCSi. Because the propriety of this transfer of work is both before the Court and our Office, Solutins b efore both the Court and our Office, and the court's ultimata dis i on of the osit p matter, which would t a ke precedence over a GAO decision on the prote st , could render a decision by our Office academic, we dismiss the protest. See Systems Recon., B - 23404.7, Aug. 20, 1990, 90-2 CPD ¶ 144 at 6-7; Mgmt
Apr.19,0-CPD¶42at. Thprotest e Ga
Genral

The protest is dismissed.
Keplingr

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FAX

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Case 1:07-cv-00007-SGB

Document 11-2

Filed 01/10/2007

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1,3 AL1r hfity nrftyqelioa es Government Accounta United Washington, DC 2054

O ffi ce

.44 Ma.,di 4. NI Vb alk Oft

Facsimle

Transmission Shee t

Date: Re:

Janury

Number of pages, including this cover sheet -3

'OUT f 7,3;

umhF,T i 202.-- 1 2,-P,7,1P

Matter of :vianagement SoiutionsSystems, Inc.
Fr va

)Id steir Se nior

Comments: