[Request for Reconsideration of Decision Sustaining Protest Under Corps of Engineers IFB]

A firm and the Army Corps of Engineers requested reconsideration of a decision that sustained a protest by another firm against the Corps' acceptance of a bid under a solicitation. In addition, the firm, which was the initial awardee, requested reimbursement for bid preparation costs which it incurred in connection with the procurement. In the prior decision, GAO had recommended that the Corps terminate its contract with the initial awardee and award it to another firm because the awardee's bid was nonresponsive. When the firm's contract was terminated, it initiated a series of actions in the courts seeking a preliminary injunction against the Corps, and its case is pending before the U.S. Court of Appeals. GAO does not consider issues that are pending before a court of competent jurisdiction unless the court requests its views. Accordingly, the requests for reconsideration and the claim for bid preparation costs were dismissed.