B-204928.2, MAR 31, 1982

B-204928.2: Mar 31, 1982

Additional Materials:

Contact:

Edda Emmanuelli Perez
(202) 512-2853
EmmanuelliPerezE@gao.gov

 

Office of Public Affairs
(202) 512-4800
youngc1@gao.gov

DIGEST: GAO WILL NOT RECONSIDER A 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 UNITED STATES DISTRICT COURT FOR THE NORTHERN DISTRICT OF TEXAS IN CONNECTION WITH CIVIL ACTION 3-81-1800-H. 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 REQUEST OF THE COURT AND THE COURT HAS NOT INDICATED ANY INTEREST IN OUR RECONSIDERATION OF THE PRIOR DECISION.

B-204928.2, MAR 31, 1982

DIGEST: GAO WILL NOT RECONSIDER A 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.

JOHN CARLO, INC. - RECONSIDERATION:

JOHN CARLO, INC. (CARLO), REQUESTS RECONSIDERATION OF OUR DECISION IN JOHN CARLO, INC., B-204928, MARCH 2, 1982, 82-1 CPD 184. THAT DECISION WAS RENDERED IN RESPONSE TO AN EXPRESSION OF INTEREST FROM THE UNITED STATES DISTRICT COURT FOR THE NORTHERN DISTRICT OF TEXAS IN CONNECTION WITH CIVIL ACTION 3-81-1800-H.

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. THIOKOL CORPORATION, WASATCH DIVISION, B-206001, JANUARY 22, 1982, 82-1 CPD 61.

IN THE PRESENT CASE, THE COURT DID EXPRESS AN INTEREST IN OUR DECISION. CARLO REQUESTS THAT WE RECONSIDER THE DECISION. HOWEVER, SINCE OUR PRIOR DECISION WAS ISSUED IN RESPONSE TO THE REQUEST OF THE COURT AND THE COURT HAS NOT INDICATED ANY INTEREST IN OUR RECONSIDERATION OF THE PRIOR DECISION, WE WILL TAKE NO FURTHER ACTION ON THE MERITS OF THIS MATTER. BIOSPHERICS, INC. - REQUEST FOR RECONSIDERATION, B-203419.3, JANUARY 22, 1982, 82-1 CPD 48.

WE DISMISS CARLO'S REQUEST FOR RECONSIDERATION.