B-223921.2, JAN 7, 1987, 87-1 CPD 22
Highlights
PROCUREMENT - BID PROTEST - GAO PROCEDURES - GAO DECISIONS - RECONSIDERATION DIGEST: REQUEST FOR RECONSIDERATION OF DECISION RENDERED AT THE REQUEST OF A COURT IS DISMISSED WHERE THE COURT HAS NOT REQUESTED RECONSIDERATION OF THE DECISION. CDSI ARGUES THAT OUR DECISION WAS FACTUALLY AND LEGALLY IN ERROR. THE POLICY OF THIS OFFICE IS NOT TO CONSIDER A PROTEST WHERE THE MATTER INVOLVED IS THE SUBJECT OF LITIGATION BEFORE A COURT OF COMPETENT JURISDICTION UNLESS. ONCE WE HAVE COMPLIED WITH THE COURT'S REQUEST. WE WILL NOT RECONSIDER OUR DECISION UNLESS REQUESTED TO DO SO BY THE COURT. WE HAVE PROVIDED THE COURT WITH OUR DECISION ON THE MERITS OF CDSI'S PROTEST. THE REQUEST FOR RECONSIDERATION IS DISMISSED.
B-223921.2, JAN 7, 1987, 87-1 CPD 22
PROCUREMENT - BID PROTEST - GAO PROCEDURES - GAO DECISIONS - RECONSIDERATION DIGEST: REQUEST FOR RECONSIDERATION OF DECISION RENDERED AT THE REQUEST OF A COURT IS DISMISSED WHERE THE COURT HAS NOT REQUESTED RECONSIDERATION OF THE DECISION.
COMPUTER DATA SYSTEMS, INC.-- REQUEST FOR RECONSIDERATION:
COMPUTER DATA SYSTEMS, INC. (CDSI) REQUESTS RECONSIDERATION OF OUR DECISION, COMPUTER DATA SYSTEMS, INC., B-223921, DEC. 9, 1986, 86-2 CPD PARA. ***, IN WHICH WE DENIED CDSI'S PROTEST OF THE REJECTION OF ITS PROPOSAL UNDER REQUEST FOR PROPOSALS NO. N66032-85-R-0005, ISSUED BY THE NAVY'S AUTOMATIC DATA PROCESSING SELECTION OFFICE. CDSI ARGUES THAT OUR DECISION WAS FACTUALLY AND LEGALLY IN ERROR.
SUBSEQUENT TO FILING ITS PROTEST WITH THIS OFFICE, CDSI FILED AN ACTION IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF COLUMBIA SEEKING TO OVERTURN THE NAVY'S REJECTION OF ITS PROPOSAL. AS WE STATED IN OUR PRIOR DECISION, THE COURT INDICATED THAT IT WOULD AWAIT THE DECISION OF THIS OFFICE BEFORE RULING ON THE MERITS OF CDSI'S SUIT. COMPUTER DATA SYSTEMS, INC. V. LEHMAN, CIV. NO. 86-2414 (D.D.C. OCT. 7, 1986).
THE POLICY OF THIS OFFICE IS NOT TO CONSIDER A PROTEST WHERE THE MATTER INVOLVED IS THE SUBJECT OF LITIGATION BEFORE A COURT OF COMPETENT JURISDICTION UNLESS, AS OCCURRED HERE, THE COURT REQUESTS OUR DECISION. BID PROTEST REGULATIONS, 4 C.F.R. SEC. 21.9(A) (1986). ONCE WE HAVE COMPLIED WITH THE COURT'S REQUEST, WE WILL NOT RECONSIDER OUR DECISION UNLESS REQUESTED TO DO SO BY THE COURT. INTELCOM EDUCATIONAL SERVICES, INC.-- REQUEST FOR RECONSIDERATION, B-220192.3, MAR. 4, 1986, 86-1 CPD PARA. 217. HERE, WE HAVE PROVIDED THE COURT WITH OUR DECISION ON THE MERITS OF CDSI'S PROTEST, AND THE COURT HAS NOT REQUESTED ANYTHING FURTHER FROM THIS OFFICE.
THE REQUEST FOR RECONSIDERATION IS DISMISSED.