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B-204524.4 1 (1982-02-01)

handle is hein.gao/gaobadkau0001 and id is 1 raw text is: 9 p -F ~ - - -- - -. - - ...-. - - - - - - - * a A -a. -~ DECISION 20G V f - . .ft m-4 --- - - - . i?20o * THE COMPTROLLER GENERAL OF THE UNITED STATES WASHINGTON, D.C, 20154E8 B-204524.4 DATE: February 1, 1982 MATTER OF: Roarda, Inc. - Request for Reconsideration DIGEST: Where protester does not advance any additional facts or legal arguments which indicate that earlier decision was erroneous, prior decision, dis- missing protest because material iseues involved are pending before court of competent jurisdiction, is affirmed. Roarda, Inc. requests reconsideration of our decision in Green Fuel Oil,,Inc.; Roarda, Inc.; Atlantic PetYoIeu-fCorp, B-204524, -204524.21 B-204524.3, October 27, 1981, 81-2 CPD 348. In that decision, we dismissed the protests filed by all three parties because Atlantic had filed Civil Action No. 12534-81 in the Superior Court of the District of Columbia raising the same material issues as those raised in the protests before this Office, Roarda objects to our dismissal of its protest since it has not joined in the court action and it is not similarly situated to Atlantic with respect to this procurement. Roarda points out that Atlantic, unlike the protester, is a minority business enter- prise and argues that: the principal claim advanced by Atlantic is that the removal of the petroleum products being solicited from the sheltered market program violates the District of Columbia Minority Contracting Act. Roarda also contends that the dismissal of its protest is foun policy, that it otherwise works that dismissal interest. ded on a wrongful application of G deprives Roarda of due process an a substantial hardship on Roarda, of the protest is contrary to the AO d and public I *4 q;. *sp I - fr.by *t'.. *~t~*~ *b1 P.m -a * j / / FILE: rj S. 4' I * I.' pp -I I! I, 'I Ip p P t ' d # ' A- . - W* p1r. It . f %P , , , -- .. . , 0 . . -. . . . . 'a .

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