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B-194734 1 (1979-11-06)

handle is hein.gao/gaobadhsd0001 and id is 1 raw text is: Ak q 'LERr /'X I_ 9 C k- - \ g ~ ~THE COMPTROLLER GENERAL DECISION OF THE UNITED STATES WASHINGTON. O.C. 20548 U IT -V FILE:B-194734 DATE: November 6, 1979 MATTER OF: Informatics, Inc. -- Reconsideration DIGEST: Involuntary dismissal of complaint under Federal Rules of Civil Procedure (FRCP) 41(b) constitutes adjudication on merits not only as to issues which were decided but also as to issues which might have been decided. Since issues presented in request for reversal of prior decision were adjudicated by court under FRCP 41(b), GAO must honor adjudication and dismiss request. Informatics, Inc., has requested that we reverse our decision in Informatics, Inc., B-194734, August 22, 1979, 79-2 CPD 144, which concerned Informatics' pro- test of a contract awarded to Computer Data Systems,i Inc. (CDSI), by the Department -of Health, Education, and (co2 Welfare (HEW). We issued the decision because the United States District Court for the District of Columbia fE-CTViT. Acion o-.N79-7l92 ese'pfed-interest in obtaining our views on the protest. For the reasons set forth below, we dismiss the request. Informatics specifically argues that our decision ignored deficiencies relating to CDSI's proposed con- tract facilities as shown in HEW site visit reports. Moreover, Informatics argues that we should decide a new issue concerning the evaluation of Informatics' final proposal for the contract by HEW's Evaluator C notwithstanding that the court has recently dismissed the action and Informatics' complaint with prejudice. We will not consider these arguments because the involuntary dismissal of Informatics' pending complaint in the civil action operated as an adjudication on the merits of these arguments under Federal Rules of Civil Procedure 41(b). The rule reads: 0-c77

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