[Request for Reconsideration]
B-202766.2,B-203351.2: Feb 14, 1983
- Full Report:
A firm requested a reconsideration of a GAO decision in which the firm's claim for proposal preparation costs in connection with an Army solicitation was dismissed. That decision held that the protester had not timely protested the allegedly improper agency action on which the claim was based; it also held that the firm's costs of pursuing earlier bid protests were not compensable. The firm's reconsideration request was made on the basis that, at the time it initially filed its claim for proposal preparation costs with GAO, it had also filed concurrent actions in a U.S. District Court and with the agency's contract appeals board. The firm requested that GAO withdraw its initial decision so that its claims before the court and the agency would not be prejudiced. GAO does not decide matters which are pending before or have been decided by a court of competent jurisdiction, unless the court requests or otherwise expresses interest in receiving its decision. However, since the court suit did not involve the subject matter of GAO's decision, the general policy was not relevant to this case. GAO also held that its denial of the firm's cost claims was proper according to statutory law. Accordingly, the prior decision was affirmed.