GESELL, District Judge
Plaintiff Baird Corporation (Baird), a disappointed bidder, has brought suit challenging the legality of a contract awarded to Numax Corporation (Numax), a Baird competitor, for production of "night driver's viewers" to be used in Army tanks. On November 10, 1983, this Court issued a preliminary injunction enjoining defendant from further performance of the contract until Baird's bid protest then pending before the General Accounting Office (GAO) was decided. 579 F. Supp. 1158. The facts underlying the present dispute are fully set forth in the Memorandum accompanying the Court's November 10th Order.
On December 20, 1983, the GAO issued its decision, denying Baird's bid protest. In re Baird Corporation, File B-213233. On December 29, 1983, plaintiff petitioned the Court for an order renewing the preliminary injunction pending consideration of its claims on the merits.
For the reasons stated below, plaintiff's motion must be denied and the case dismissed.
Plaintiff's present application for preliminary injunctive relief is presented under circumstances markedly different from those present at the time of this Court's November 10 Order. At that time plaintiff was faced with denial of meaningful review of its bid protest before the GAO and with the irreparable harm that might result. Issuance of a preliminary injunction served "to preserve the status quo . . . while securing for the court the benefit of the GAO's expertise." Wheelabrator Corp. v. Chafee, 147 U.S. App. D.C. 238, 455 F.2d 1306, 1316 (D.C. Cir. 1971). In determining whether to renew the preliminary injunction following the GAO's decision, "the court may properly take into account the GAO's concurrence in the executive determination," id., and the "court's reluctance to interfere with the executive procurement process should be especially strong where, as here, the General Accounting Office has made a determination upholding the procurement officials on the merits." M. Steinthal & Co. v. Seamans, 147 U.S. App. D.C. 221, 455 F.2d 1289, 1304 (D.C. Cir. 1971).
In Seamans the D.C. Circuit set the guidelines for court review of procurement decisions.
The Court is obligated to restrict its inquiry to a determination of whether the procurement agency's decision had a reasonable basis. This inquiry must fully take into account the discretion that is typically accorded officials in the procurement agencies by statutes and regulations. Such discretion extends not only to the evaluation of bids submitted in response to a solicitation but also to determination by the agency with respect to the application of technical, and often esoteric, regulations to the complicated circumstances of individual procurements . . . . If the court finds a reasonable basis for the agency's action, the court should stay its hand even though it might, as an original proposition, have reached a different conclusion . . ."