B-230095.2, Apr 26, 1988, 88-1 CPD ***

B-230095.2, Apr 26, 1988, 88-1 CPD ***

PROCUREMENT - Bid Protests - Moot allegation - GAO review DIGEST: Request for reconsideration of advance decision on the propriety of paying requestor's claim is dismissed as academic where the agency, in accordance with the prior decision, decides to pay the claim.

Coastal Industries, Inc.-- Request for Reconsideration:

Coastal Industries, Inc. requests that we reconsider our decision in Defense Logistics Agency-- Request for Advance Decision, B-230095, Mar. 16, 1988, 88-1 CPD Para. ***. Defense Logistics Agency (DLA) had requested our advance decision on the propriety of paying Coastal's claim for payment under contract No. DLA100-86-C-0544. DLA was withholding payment because it was concerned about the possibility that Coastal had engaged in bid collusion to obtain the contract. We informed DLA that it may not pay Coastal's claim unless and until the issue of bid collusion had been resolved in Coastal's favor by the proper tribunal, or otherwise settled by the Attorney General.

DLA has informed us that the Attorney General has reviewed the allegations of bid collusion against Coastal and has no objection to the payment of Coastal's claim. On that basis and in accordance with our prior decision, DLA states that it intends to pay Coastal's claim, if the claim is otherwise proper. Because DLA has determined to pay Coastal's claim, we dismiss Coastal's request for reconsideration as academic.