Request for Reconsideration of Protest Dismissal

A firm requested reconsideration of the dismissal of its protest by GAO. The protest was dismissed because the issues of the case were before a court of competent jurisdiction. GAO will not decide such cases except where the court expects, requests, or otherwise expresses an interest in a decision. Since the court denied the firm's motion to defer its ruling pending a GAO decision, GAO held that it was clear that the court had no interest in such a decision. The firm contended that GAO did not send it a copy of the Air Force's report on the issues and did not consider all of the information submitted by the parties. GAO held that its dismissal was a jurisdictional matter and that it was not necessary for it to provide the protester with the opportunity to comment. Since the protester did not present any evidence demonstrating an error in fact or law in the earlier decision and did not provide any new information, GAO found no basis for reversing its prior decision. Accordingly, the earlier decision dismissing the protest was affirmed.