[Request for Reconsideration of Dismissed Protest of Air Force Contract Award]

B-242331.3: Mar 22, 1991

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A firm requested reconsideration of its dismissed protest against an Air Force contract award for family housing maintenance. GAO had held that it would not consider the protest, since another protester had brought a district court action involving the procurement. In its request for reconsideration, the protester argued that GAO should consider its protest allegations, notwithstanding the pending litigation, since: (1) the court could not review the merits of its protest; (2) it elected GAO, not the court, to decide the merits of its protest; and (3) dismissal of the protest could preclude it from obtaining any ruling on its protest. GAO held that it would not consider a protest where there was pending litigation concerning the procurement, since the court's decision could render any decision by it academic. Accordingly, the dismissal was affirmed.