Bid Protests at GAO: A Descriptive Guide

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Judicial Proceedings

A party must immediately advise GAO of any court proceeding that involves a pending matter and must file with GAO copies of all relevant court documents. 4 C.F.R. § 21.11(a). GAO will not consider a protest or other matter where it is the subject of litigation in, or has been decided on the merits by, a court. 4 C.F.R. § 21.11(b). For example, if a party files a protest with GAO concerning the award of a contract, and thereafter files a complaint in court also challenging the award, GAO will dismiss the protest. However, at the request of the court, GAO may review the protest and issue an advisory opinion or a decision for the court's consideration. Id. In such a case, the time frames for filing the agency report, filing comments on the report, conducting a hearing and filing hearing comments, and issuing a decision may be modified to respond promptly to the court's request. Id.

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