4 C.F.R. § 21.10

Express options, flexible alternative procedures, accelerated schedules, summary decisions, and status and other conferences

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(a) Upon a request filed by a party or on its own initiative, GAO may decide a protest using an express option.

(b) The express option will be adopted at the discretion of GAO and only in those cases suitable for resolution within 65 days.

(c) Requests for the express option shall be filed not later than 5 days after the protest or supplemental/amended protest is filed. GAO will promptly notify the parties whether the case will be handled using the express option.

(d) When the express option is used, the following schedule applies instead of those deadlines in § 21.3 and § 21.7:

(1) The agency shall file a complete report within 20 days after it receives notice from GAO that the express option will be used.

(2) Comments on the agency report shall be filed within 5 days after receipt of the report.

(3) Where circumstances demonstrate that a case is no longer suitable for resolution using the express option, GAO shall establish a new schedule for submissions by the parties.

(e) GAO, on its own initiative or upon a request filed by the parties, may use flexible alternative procedures to promptly and fairly resolve a protest, including alternative dispute resolution, establishing an accelerated schedule, and/or issuing a summary decision.

(f) GAO may conduct status and other conferences by telephone or in person with all parties participating in a protest to promote the expeditious development and resolution of the protest.

[61 FR 39042, July 26, 1996, as amended at 67 FR 79836, Dec. 31, 2002; 83 FR 13825, Apr. 2, 2018]

Notes of Decisions

Cited in 4 cases (1 in the last 5 years), 2002–2025 · leading case: Bldg. & Constr. Trades Dep't v. Allbaugh, 295 F.3d 28 (D.C. Cir. 2002).

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Bldg. & Constr. Trades Dep't v. Allbaugh, 295 F.3d 28 (D.C. Cir. 2002). “, 4 C.F.R. § 21.10 (2002) (Comptroller General may resolve dispute “using an express option” or other “flexible alternative procedures”).”

Supreme Foodservice Gmbh v. United States, 109 Fed. Cl. 369 (Fed. Cl. 2013). “On December 18, 2012, DLA requested that GAO decide the protest under the express option procedures in 4 C.F.R. § 21.10 , which would require GAO to issue its decision within 65 days.”

Gemini Tech Servs., LLC v. United States (Fed. Cl. 2025). “See 4 C.F.R. §21.10 (a) (“Upon a request filed by a party or on its 2 own initiative, GAO may decide a protest using an express option”).”

Raytheon Co. v. United States (Fed. Cl. 2015). “Indeed, it would defeat the purpose of outcome prediction–the prompt resolution of protests, see -13- 4 C.F.R. § 21.10 (e) (2014)–if the assigned GAO attorney was required to address every element of a protestor’s claim during the outcome prediction conference.”

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