Issues Involved in Litigation Will Not Be Considered Under Bid Protest Function

A contractor requested reconsideration of a protest which had been the subject of litigation in a federal district court. The original protest was dismissed by GAO because the district court's decision was an adjudication on the protest's merits. The contractor appealed the district court's decision to the Second Circuit Court of Appeals. Therefore, the matter had been and is the subject of litigation, and there is no basis for further consideration of the issues involved under GAO bid protest function. However, the subject matter of this protest is appropriate for consideration under GAO audit function, and it will be so considered.