Alternative Dispute Resolution

摘要

In the following two protests, the GAO considered protesters' requests for reimbursement of protest costs following the parties' participation in outcome prediction alternative dispute resolution (ADR) conferences. In each case, the GAO attorney assigned to the case opined at the ADR conference that if the GAO issued a formal opinion, the protest would likely be sustained. Subsequently, in each case, the government stated it would take corrective action in response to the protest and as a result, the GAO dismissed each protest as academic. The protesters later filed separate actions requesting that the GAO recommend the agencies reimburse the protesters' costs. In T Square Logistics Services, the GAO recommended that the Air Force reimburse the protester its protest costs. After the protester filed the protest, the parties participated in an outcome prediction ADR conference with a GAO attorney. Following the ADR conference, the Air Force agreed to take corrective action and then the GAO dismissed the protest as academic. Because the Air Force delayed taking corrective action, the GAO recommended that the Air Force pay protest costs.