4 C.F.R. § 21.11
Effect of judicial proceedings
(a) A protester must immediately advise GAO of any court proceeding which involves the subject matter of a pending protest and must file copies of all relevant court documents.
(b) GAO will dismiss any case where the matter involved is the subject of litigation before, or has been decided on the merits by, a court of competent jurisdiction. GAO may, at the request of a court, issue an advisory opinion on a bid protest issue that is before the court. In these cases, unless a different schedule is established, the times provided in this part for filing the agency report (§ 21.3(c)), filing comments on the report (§ 21.3(i)), holding a hearing and filing comments (§ 21.7), and issuing a decision (§ 21.9) shall apply.
Notes of Decisions
Cited in 33
cases (3 in the last 5 years), 1999–2026 · leading case: Cgi Fed. Inc. v. United States, 779 F.3d 1346 (Fed. Cir. 2015).
Cgi Fed. Inc. v. United States, 779 F.3d 1346 (Fed. Cir. 2015). “4 C.F.R. § 21.11 (b) (“GAO will dismiss any case where the matter involved is the subject of litigation before .”
FirstLine Transp. Sec., Inc. v. United States, 100 Fed. Cl. 359 (Fed. Cl. 2011). “In accordance with 4 C.F.R. § 21.11 (2011), FirstLine withdrew its GAO protest subsequent to commencing its suit in this court.”
Q Integrated Companies, LLC v. United States, 126 Fed. Cl. 124 (Fed. Cl. 2016). “” AR 39-5933 to -34 (citing 4 C.F.R. § 21.11 (b); Schuerman Dev. Co., B-238464, B-238464.”
Archura LLC v. United States, 112 Fed. Cl. 487 (Fed. Cl. 2013). “13, 2013); 4 C.F.R. § 21.11 (b) (“GAO will dismiss any case where the matter involved is the subject of litigation before .”
Blue & Gold Fleet, LP v. United States, 70 Fed. Cl. 487 (Fed. Cl. 2006). “See 4 C.F.R. § 21.11 (2004). Plaintiff, defendant, and Hornblower ask the court for judgment on the administrative record pursuant to RCFC 56.”
Shirlington Limousine & Transp., Inc. v. United States, 78 Fed. Cl. 27 (Fed. Cl. 2007). “” (citing 4 C.F.R. § 21.11 (b) (“GAO will dismiss any case where the matter involved is the subject of litigation before, or has been decided on the merits by, a court of competent jurisdiction.”
CSE Constr. Co. v. United States, 58 Fed. Cl. 230 (Fed. Cl. 2003). “” 4 C.F.R. § 21.11 (b) (2003). . The Ml language of section 706 of the APA provides: To the extent necessary to decision and when presented, the reviewing court shall decide all relevant questions of law, interpret constitutional and statutory provisions, and determine the…”
Academy Facilities Mgmt. v. United States, 87 Fed. Cl. 441 (Fed. Cl. 2009). “In this regard, the court was informed that briefing had already occurred at the GAO, and that a GAO decision on the same bid protest issues filed with this court was due within the week, by May 21, 2009.”
Sra Int'l, Inc. v. United States, 766 F.3d 1409 (Fed. Cir. 2014). “at 256 ; 4 C.F.R. § 21.11 (b) (2014). The GAO issued an advisory opinion, determining that the waiver was not arbitrary or capricious.”
Def. Tech., Inc. v. United States, 99 Fed. Cl. 103 (Fed. Cl. 2011). “AR 1238 (citing 4 C.F.R. § 21.11 (b) (2010) (“GAO will dismiss any ease where the matter involved is the subject of litigation before, or has been decided on the merits by, a court of competent jurisdiction.”
DGR Assocs., Inc. v. United States, 94 Fed. Cl. 189 (Fed. Cl. 2010). “See 4 C.F.R. § 21.11 . . The 8(a) program specifically provides: A contract opportunity offered for award pursuant to this subsection shall be awarded on the basis of competition restricted to eligible Program Participants if (I) there is a reasonable expectation that at least…”
Erinys Iraq Ltd. v. United States, 78 Fed. Cl. 518 (Fed. Cl. 2007). “2 On May 31, 2007, the GAO dismissed plaintiffs protest pursuant to 4 C.F.R. § 21.11 (b) (2006), on the ground that the RFP that was the subject of plaintiffs protest was “the subject of litigation before a court of competent jurisdiction.”
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