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B-208690.3 1 (1983-04-13)

handle is hein.gao/gaobadkzx0001 and id is 1 raw text is: THE COMPTROLLER GENERAL OECISION O..,. oF THE UNITED STATES WASHINGTON. 0. C. 20548 FILE: B-208690.3 DATE: April 13, 1983 MATTER OF: Sea-Land Service, Inc.--Reconsideration DIGEST: Where request for reconsideration fails to present facts or legal arguments which show that previous decision dismissing protest because issues raised by protester had been decided by court of competent jurisdiction was erroneous, decision is affirmed. Sea-Land Service, Inc. (SSI), requests that we reconsider our dismissal of the firm's protest against the award of a contract to American Coastal Line Joint Venture, Inc. (AMCO), under Military Sealift Command (MSC) multiple-award request for proposals (RFP) No. N0002282R1700 for ocean common carrier service. In our decision, Sea-Land Service, Inc., B-208690.2, February 10, 1983, 83-1 CPD , we dismissed SSI's protest because SSI raised-issues pertaining to AMCO's responsiveness and responsibility which were materially the same as those raised by United States Lines, Inc. (USL), another awardee under this RFP, in a civil action to set aside the award to AMCO. Since this civil action had been dismissed with prejudice by the United States District Court for the District of Columbia, we deter- mined, under decisions of this Office, that this dis- missal constituted an adjudication on the merits and barred further action by this Office. We stated that it is our policy not to consider matters where the material issues have been decided by a court. Since the USL suit involved the same material issues as SSI's protest to our Office, it was irrelevant that SSI was not a party to the litigation, and we dismissed SSI's protest. SSI argues that it raised issues not considered by the court and, therefore, our refusal to decide these issues on the theory of collateral estoppel is erroneous, and that dismissal of the protest is con- trary to our Bid Protest Procedures, 4 C.F.R. part 21 (1982), as recently amended. (7S;9/

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