Request for Reconsideration

A firm requested reconsideration of a previous decision in which its protest filed in conjunction with two other firms was dismissed, because one of the firms had filed a court action raising the same material issues as those raised in the protest to GAO. The protester contended that it was not similarly situated as the minority firm that filed the court action. The protester further argued that the minority firm's principal claim was that the removal of the products being solicited from the program violated a local statute. Also, the protester contended that: (1) the dismissal of its protest was founded on a wrongful application of GAO policy; (2) it deprived the protester of due process; (3) it caused a substantial hardship; and (4) dismissal of the protest was contrary to the public interest. The protester did not deny the fact that the very issues raised in its protest were raised by the other firm in its suit for judicial relief. Both firms had the same primary concerns regarding the challenged aspects of the invitation for bids. GAO held that it will not render a decision where the protester has not advanced any additional facts or legal arguments which indicate that an earlier decision was erroneous and when material issues involved are pending before a court of competent jurisdiction. Accordingly, the original decision was affirmed.