Other Fields
Agency Scheme: 
GAOOBIDS0003
ADJUDICATION STRUCTURE
Hearing Level: Basic Structure
Name of Hearing Office (global name): 
Government Accountability Office: Office of the General Counsel
Hearing Officer #1 (Title): 
Senior Attorney
Are administrative appeals permitted from final decisions at the hearing-level stage?: 
Yes (Some Types of Cases)
Comments/Notes on Adjudication Structure: 

Bid protests filed by an interested party, meaning an actual or prospective bidder or offeror (i.e., primarily private sector firms) challenging contract-related actions by federal agencies, such as the terms of a solicitation, evaluation of proposals, selection decision, and cancellation of a solicitation. Secondary agencies may be permitted to participate, as needed. Additional parties may be permitted to participate as needed: for example, if an award has been made, the awardee may intervene. If no award has been made, bidders or offerors who appear to have a substantial prospect of receiving award may intervene.

The parties may request reconsideration of a GAO bid protest decision within 10 days of the issuance of the decision. 4 C.F.R. sec. 21.14.

PROCESS & PROCEDURE - General Information
Are private parties permitted to have representation at hearings?: 
Yes (All Types of Cases)
Who may serve as a private party representative?: 
Either
Is the agency permitted to have representation at hearings?: 
Yes (All Types of Cases)
Regulations/rules of practice for hearings (please include CFR citations): 
4 CFR Part 21
Other published guidance for hearings (if any): 
http://www.gao.gov/legal/bids/bidprotest.html (Bid Protests at GAO: A Descriptive Guide; Bid Protest FAQs; Guide to GAO Protective Orders)
PROCESS & PROCEDURE - Pre-Hearing Procedure
Are ex parte contacts prohibited?: 
Yes (All Types of Cases)
PROCESS & PROCEDURE - Hearing Procedure
What types of hearings are permitted at the hearing-level stage?: 
Written (Document-Only) Hearing
In-Person
Video
Phone
Please provide the approximate percentage of each type of hearing relative to the total number of hearings (FY2013)
Written (Document-Only) Hearing: 
95%
In-Person: 
5%
How is the type of hearing selected: 
By Agency
Please describe: 
Type of hearing is selected by GAO.
How many hearing officers preside at each hearing?: 
One
Can third-parties submit amicus briefs and/or evidence?: 
Adjudication Officer Discretion
Are hearings recorded and/or transcribed?: 
Yes
Are hearings open to the public?: 
Varies by Case
If "Varies by Case," please describe: 
In-person hearings are presumed closed because the necessity of discussing proprietary, source selection sensitive, or business confidential information. This question is not applicable to document-only hearings.
PROCESS & PROCEDURE - Post-Hearing Procedure
Who typically drafts the decision at the hearing-level stage?: 
Adjudication Officer
Who has authority to issue final decisions?: 
Other
If "Other," please specify: 
All decisions are issued under the authority of GAO's General Counsel.
Do agency regulations or guidance provide time limits for issuance of final decisions?: 
Yes (Some Types of Cases)
If "Yes," please specify these time limit(s): 
100 days for bid protests. Requests for costs do not have a time limit.
Is judicial review available after issuance of a final decision?: 
Yes (Some Types of Cases)
PROCESS & PROCEDURE - Case Management
How are claims/cases processed at the hearing-level stage?: 
Other
Please briefly describe your case management practice(s) at the hearing level stage: 
After bid protests are filed, there is an initial review to determine sufficiency and timeliness. Any bid protest that is untimely or otherwise legally insufficient on its face is promptly dismissed. Bid protests that are legally sufficient are developed. At any point in the process, an agency whose contract-related action has been protested may decide to take corrective action which renders the protest academic, and GAO dismisses the protest. For those bid protests that are decided on the merits, the record is developed through an agency report due 30 days after the protest is filed and protester's and awardee's comments filed 10 days after the agency report. Where the record is complete at that point, the GAO hearing officer will draft a decision. Where the record needs further development, the GAO hearing officer may request additional information or conduct an in-person, telephone, or video hearing before drafting a decision.
Does the agency permit web-based electronic filing of hearing-related briefs or other documents?: 
No
Are final decisions published and/or posted on the agency website?: 
Yes (Some Decisions)
If "Yes (Some Decisions)," how does the agency determine which final decisions to publish/post? Please briefly describe: 
All decisions that go to the merits of the bid protest are published and posted on the GAO website at http://www.gao.gov/legal/index.html. Routine dismissals are not published or posted on the GAO web site.
Do agency regulations/rules of practice specify the contents of the administrative record at the hearing-level stage?: 
Yes (All Types of Cases)
If "Yes," please provide citation(s): 
4 C.F.R. sec. 21.3(d).
Do agency regulations/rules of practice provide for closure of the record at the hearing-level stage (subject to applicable exce: 
Yes (All Types of Cases)
If "Yes," please provide citation(s): 
4 C.F.R. sec. 21.3(j)
PROCESS & PROCEDURE - Comments
Comments/Notes on Hearing-Level Process & Procedures (Optional): 
Note regarding agency representation: GAO is not a party to the dispute, but rather is the impartial arbiter; agencies participating in protests have representation
ADJUDICATORS
Total # of Hearing Officers: 
1
Comments/Notes on Hearing-Level Adjudicators (Optional): 
"Hearing officers" (GAO Senior Attorneys) manage cases and draft decisions. The GAO review chain includes an Assistant General Counsel, a Managing Associate General Counsel, and the General Counsel. All decisions are under the signature of the General Counsel.
ADR: General Information
Is ADR available at one or more points during the hearing process?: 
Yes
If "Yes," when is ADR available?: 
Pre-Hearing
Post-Hearing
Is ADR a mandatory or voluntary process?: 
Voluntary
If "Varies by Case," please describe:: 
ADR held at the discretion of GAO; parties are not bound by the ADR.
What type(s) of ADR are available?: 
Mediation
Other
If "Other," please specify:: 
Outcome prediction, in which the GAO hearing officer advises the parties of the likely outcome. Litigation risk, in which the GAO hearing officer advises the parties of the risks each party bears at that point in the protest process. All forms of ADR at GAO are non-binding.
Who conducts the ADR?: 
Other
If "Other," please specify:: 
GAO hearing officer.
Regulations/rules of practice governing ADR process (please include CFR citations): 
4 C.F.R. 21.10(e).
Verified by Agency: 
Verified