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B-208547.2 1 (1983-02-01)

handle is hein.gao/gaobadkvz0001 and id is 1 raw text is: THE COMPTROLLER GENERAL DECISION . OF THE UNITEO STATES WASHINGTON, D.C. 20548 FILE: B-208547.2 DATE: February 1, 1983 MATTER OF: P. Francini & Co., Inc.--Reconsideration DIGEST: Request for reconsideration by an interested party is dismissed where the issue was before a court of competent jurisdiction and the court, which expressed an interest in-a decision by GAO, has not indicated any interest in having GAO reconsider the decision. P. Francini & Co., Inc. (Francini), requests reconsideration of our decision in Dawson Construction Company, Inc., B-208547, December 20, 1982, 82-2 CPD 551. That decision was rendered in response to an expression of interest from the United States District Court for the District of Massachusetts in connection with the lawsuit brought by Dawson Construction Company under Civil Action No. 82-2954-G. The court had issued an injunction pro- hibiting any performance on the contract awarded to Francini until our Office rendered a decision on the above-described protest. It is our policy not to decide matters where, as here, the material issues are before a court of competent juris- diction. However, if the court expresses an interest in a decision by our Office, we will then consider the riatter on the merits. Weeks-Miller Joint Venture, B-203107, July 31, 1981, 81-2 CPD 76. Here, the court did express an interest in having a decision by our Office. Francini participated as an inter- ested party in the matter prior to the rendering of our decision. Francini now requests that we reconsider the decision. However, since the decision was issued in response to the court's request and the court has not indicated any interest in our reconsidering the prior deci- sion, we will take no further action on the merits of this matter. Tacoma Boatbuilding Co.--Request for Reconsidera- tion, B-199445.6, December 10, 1980, 30-2 CPD 420. _ 2/ ,Z

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