[Request for Reconsideration of Dismissed Request for Reconsideration]

B-257431.13: Feb 1, 1995

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Edda Emmanuelli Perez
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A firm requested reconsideration of its dismissed request for reconsideration of an Army contract award for logistics support services. GAO had dismissed the first request for reconsideration, since the matter was the subject of litigation before a court of law. In its second reconsideration request, the protester contended that: (1) its first reconsideration request was erroneously dismissed, since its protest concerned a separate issue; and (2) it might have been entitled to reimbursement of its bid preparation and protest costs, had its first request been sustained. GAO held that: (1) the first reconsideration request was properly dismissed, since another interested party had a protest pending in a court of competent jurisdiction; (2) the protest filed in the other court did not concern the same issue, but the potential remedies would be dispositive of the issues raised before GAO; and (3) since an exhaustive review was conducted for the original protest, it was unlikely that the protester would have been entitled to any reimbursed costs. Accordingly, the request for reconsideration was dismissed.

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