B-210290.2, APR 26, 1983

B-210290.2: Apr 26, 1983

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DIGEST: GAO WILL NOT RECONSIDER A DECISION WHERE THE SAME MATERIAL ISSUES ARE PENDING BEFORE THE CLAIMS COURT WITHOUT AN EXPRESSION OF INTEREST FROM THE COURT. THAT DECISION WAS CONSIDERED BY THE UNITED STATES CLAIMS COURT IN CONNECTION WITH CIVIL ACTION NOS. 42-83C AND 145- 83C. A TRIAL ON THE MERITS IS PENDING. ANY ACTION THE COURT NOW TAKES ON THE MERITS WILL CONSTITUTE A FINAL ADJUDICATION AND WILL TAKE PRECEDENCE OVER A DECISION BY THIS OFFICE. THE COURT HAS NOT EXPRESSED ANY FURTHER INTEREST IN A DECISION BY OUR OFFICE ON THE REQUEST FOR RECONSIDERATION AND THUS WE WILL NOT RECONSIDER OUR ORIGINAL DECISION. THE REQUESTS FOR RECONSIDERATION ARE DISMISSED.

B-210290.2, APR 26, 1983

DIGEST: GAO WILL NOT RECONSIDER A DECISION WHERE THE SAME MATERIAL ISSUES ARE PENDING BEFORE THE CLAIMS COURT WITHOUT AN EXPRESSION OF INTEREST FROM THE COURT.

SIX CONSTRUCT INTERNATIONL, INC./THE HERMAN BENNETT COMPANY,

A JOINT VENTURE; MWK INTERNATIONAL, LTD., INC. - RECONSIDERATION:

SIX CONSTRUCT INTERNATIONAL, INC./THE HERMAN BENNETT COMPANY, A JOINT VENTURE, AND MWK INTERNATIONAL, LTD., INC. REQUEST RECONSIDERATION OF OUR DECISION DEPARTMENT OF THE NAVY REQUEST FOR ADVANCE DECISION, B-210290, MARCH 14, 1983, 83-1 CPD . THAT DECISION WAS CONSIDERED BY THE UNITED STATES CLAIMS COURT IN CONNECTION WITH CIVIL ACTION NOS. 42-83C AND 145- 83C. THE LITIGATION CONCERNS THE SAME MATERIAL ISSUES.

BY ORDER DATED MARCH 30, 1983, THE COURT DISSOLVED THE TEMPORARY RESTRAINING ORDER IT ORIGINALLY GRANTED PENDING A HEARING ON SIX CONSTRUCT'S MOTION FOR A PRELIMINARY INJUNCTION; THE COURT ALSO DENIED THE PRELIMINARY INJUNCTION. A TRIAL ON THE MERITS IS PENDING. ANY ACTION THE COURT NOW TAKES ON THE MERITS WILL CONSTITUTE A FINAL ADJUDICATION AND WILL TAKE PRECEDENCE OVER A DECISION BY THIS OFFICE. SEE SEAFARERS, ET AL. - RECONSIDERATION, B-194574.6, JULY 23, 1979, 79-2 CPD 48. THE COURT HAS NOT EXPRESSED ANY FURTHER INTEREST IN A DECISION BY OUR OFFICE ON THE REQUEST FOR RECONSIDERATION AND THUS WE WILL NOT RECONSIDER OUR ORIGINAL DECISION. TRAVENCA DEVELOPMENT CORPORATION, B-203306.3, SEPTEMBER 21, 1981, 81-2 CPD 231.

THE REQUESTS FOR RECONSIDERATION ARE DISMISSED.