[Protest of DOE Contract Award]

A firm protested a contract award to another firm by the Department of Energy (DOE), contending that the award was unlawful and in violation of the terms of the solicitation and DOE regulations. DOE had originally selected the protester for negotiations with the intent of awarding it a contract. After the eventual awardee protested, DOE reinstated it and reopened negotiations with both firms. DOE subsequently determined that the awardee's proposal was sufficient, and the protester filed suit in a federal court. The suit was dismissed on the condition that the protester would not seek to litigate the matter further. The protester sought the dismissal with the intention of permitting GAO to decide the matter. GAO held that there was no indication that the court requested an opinion on the matter and that the court had ruled on the substantive issues before dismissing the suit. GAO will not consider issues which are before a court of competent jurisdiction or which have been decided by such a court. Accordingly, the protest was dismissed.