B-203419.3, JAN 22, 1982
Highlights
DIGEST: GAO WILL NOT RECONSIDER PRIOR DECISION RENDERED IN RESPONSE TO AN EXPRESSION OF INTEREST FROM A COURT UNLESS THE COURT EXPRESSES AN INTEREST IN THE RECONSIDERATION OF THE DECISION. THAT DECISION WAS RENDERED IN RESPONSE TO AN EXPRESSION OF INTEREST FROM THE SUPERIOR COURT OF THE DISTRICT OF COLUMBIA IN CONNECTION WITH CIVIL ACTION NO. 17577-81. IT IS OUR POLICY NOT TO DECIDE MATTERS WHERE. THE MATERIAL ISSUES ARE BEFORE A COURT OF COMPETENT JURISDICTION. WE WILL THEN CONSIDER THE MATTER ON THE MERITS. SINCE OUR PRIOR DECISION WAS ISSUED IN RESPONSE TO THE COURT'S REQUEST AND THE COURT HAS NOT INDICATED ANY INTEREST IN OUR RECONSIDERING THE PRIOR DECISION. WE WILL TAKE NO FURTHER ACTION ON THE MERITS OF THIS MATTER.
B-203419.3, JAN 22, 1982
DIGEST: GAO WILL NOT RECONSIDER PRIOR DECISION RENDERED IN RESPONSE TO AN EXPRESSION OF INTEREST FROM A COURT UNLESS THE COURT EXPRESSES AN INTEREST IN THE RECONSIDERATION OF THE DECISION.
BIOSPHERICS, INC. - REQUEST FOR RECONSIDERATION:
BIOSPHERICS, INC. (BIOSPHERICS), REQUESTS RECONSIDERATION OF OUR DECISION BIOSPHERICS, INC., B-203419, DECEMBER 31, 1981, 81-2 CPD . THAT DECISION WAS RENDERED IN RESPONSE TO AN EXPRESSION OF INTEREST FROM THE SUPERIOR COURT OF THE DISTRICT OF COLUMBIA IN CONNECTION WITH CIVIL ACTION NO. 17577-81. THE COURT REFUSED TO ISSUE A TEMPORARY RESTRAINING ORDER AND HAS SCHEDULED A HEARING ON BIOSPHERICS' REQUEST FOR A PRELIMINARY INJUNCTION ON JANUARY 25, 1982.
IT IS OUR POLICY NOT TO DECIDE MATTERS WHERE, AS HERE, THE MATERIAL ISSUES ARE BEFORE A COURT OF COMPETENT JURISDICTION. HOWEVER, IF THE COURT EXPRESSES AN INTEREST IN A DECISION BY OUR OFFICE, WE WILL THEN CONSIDER THE MATTER ON THE MERITS. WEEKS-MILLER JOINT VENTURE, B-203107, JULY 31, 1981, 81-2 CPD 76.
IN THE PRESENT CASE, THE COURT DID EXPRESS AN INTEREST IN OUR DECISION. BIOSPHERICS REQUESTS THAT WE RECONSIDER THE DECISION. HOWEVER, SINCE OUR PRIOR DECISION WAS ISSUED IN RESPONSE TO THE COURT'S REQUEST AND THE COURT HAS NOT INDICATED ANY INTEREST IN OUR RECONSIDERING THE PRIOR DECISION, WE WILL TAKE NO FURTHER ACTION ON THE MERITS OF THIS MATTER. TACOMA BOAT BUILDING CO. - REQUEST FOR RECONSIDERATION, B-199445.6, DECEMBER 10, 1980, 80-2 CPD 420.
WE DISMISS BIOSPHERICS' REQUEST FOR RECONSIDERATION.