mandamus remedy and its restriction to use in "exceptional circumstances.")
The administrative process on which plaintiffs seek to have defendants compelled to embark is fraught with discretion. The only mandatory provision in the regulations that are subject of plaintiff's prayer for relief is that which requires that the government make a review of a company's compliance with Executive Order 11246's requirements of non-discrimination before any contract worth more than $1 million may be awarded to that company. 41 C.F.R. § 60-1.20(d). As the objective of this regulation is to prevent or remedy the type of harm plaintiffs allege, the Court cannot state that plaintiffs are without standing to litigate the question of whether defendants have performed their duties under this regulation. With regard to the discretionary provisions in the relevant regulations, plaintiffs do not state facts alleging abuses of discretion.
It appears that the sole question remaining for resolution by this Court, that of whether defendants have violated their mandatory duty under the regulation requiring preaward compliance reviews, 41 C.F.R. § 60-1.20(d), could be addressed by motions for summary judgment from the parties. As plaintiffs do not meet the requirements for a preliminary injunction as set forth in Washington Metropolitan Area Transit Commission v. Holiday Tours, Inc., 182 U.S. App. D.C. 220, 559 F.2d 841 (1977) and Virginia Petroleum Jobbers Association v. F.P.C., 104 U.S. App. D.C. 106, 259 F.2d 921 (1958), their motion for such relief shall be denied.
In light of the foregoing, it is, by the Court, this 1st day of November, 1982,
ORDERED that defendants' motion to dismiss shall be and hereby is granted in part and denied in part as set forth in this Order, and it is
FURTHER ORDERED, that plaintiffs' motion for a preliminary injunction shall be and hereby is denied, and it is
FURTHER ORDERED, that defendants shall file their motion for summary judgment as to the question of their having met the requirements of the regulation governing preaward compliance reviews, 41 C.F.R. § 60-1.20(d) within 14 days of the date of this Order, plaintiffs' opposition thereto and cross-motion for summary judgment to be filed no later than 10 days after the filing of defendants' motion, and defendants' reply to plaintiffs' opposition and response to plaintiffs' motion to be filed no later than 10 days after the filing of plaintiffs' papers.
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