[Request for Reconsideration of Protest of D.C. Lease Award]

B-210406.3: Feb 15, 1984

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A firm requested reconsideration of a decision which dismissed its protest concerning the District of Columbia's (D.C.) leasing of public space. In that decision, GAO dismissed the protest because D.C. law grants the Mayor broad discretion in setting forth procedures for leasing space when there is citizen participation in the decision, and the protester failed to allege that there was no citizen participation. The protester now argued that a Supreme Court ruling invalidated the act which contains this provision. GAO found that no court has ruled on the constitutionality of the act or the laws passed pursuant to it. In addition, it is not the function of GAO to declare statutes unconstitutional. Accordingly, the prior decision was affirmed.