[Request for Reconsideration of Dismissed Protest of FAA Contract Award]

B-253339.7: May 5, 1994

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A firm requested reconsideration of its dismissed protest against a Federal Aviation Administration (FAA) contract award for office space. GAO had held that it would not consider the protest, since the matter was in litigation before a federal court. In its request for reconsideration, the protester contended that: (1) the court case was distinct and unrelated to its protest issues; (2) GAO should consider its protest, since the case was pending; and (3) FAA improperly made award contrary to the stay provision of the Competition in Contracting Act. GAO held that: (1) it would not consider a protest issue pending before a court, since the court could render its decision academic; and (2) FAA was not bound by the stay provision, since the protest was dismissed. Accordingly, the original decision was affirmed.