On June 9, 2008, GAO amended its regulations governing the
bid protest process. Neither GAO's Descriptive Guide nor the Code of Federal
Regulations, included below, have yet been updated to reflect these changes.
The following bid protest regulations appear in 4 C.F.R. § 21.
Consult the Federal Register notices for the June 9 amendments to these
rules.
§ 21.0 Definitions.
(a)(1) Interested party means an actual or prospective bidder
or offeror whose direct economic interest would be affected by the award
of a contract or by the failure to award a contract.
(a)(2) In a public-private competition conducted under Office of Management
and Budget Circular A–76 regarding an activity or function of a Federal
agency performed by more than 65 full-time equivalent employees of the
Federal agency, the official responsible for submitting the Federal agency
tender is also an interested party .
(b)(1) Intervenor means an awardee if the award has been made
or, if no award has been made, all bidders or offerors who appear to have
a substantial prospect of receiving an award if the protest is denied.
(b)(2) If an interested party files a protest in connection with a public-private
competition conducted under Office of Management and Budget Circular A–76
regarding an activity or function of a Federal agency performed by more
than 65 full-time equivalent employees of the Federal agency, a person
representing a majority of the employees of the Federal agency who are
engaged in the performance of the activity or function subject to the public-private
competition and the official responsible for submitting the Federal agency
tender as described in paragraph (a)(2) of this section may also be intervenors .
(c) Federal agency means any executive department or independent
establishment in the executive branch, including any wholly owned government
corporation, and any establishment in the legislative or judicial branch,
except the Senate, the House of Representatives, and the Architect of the
Capitol and any activities under his direction.
(d) Contracting agency means a Federal agency which has awarded
or proposes to award a contract under a protested procurement.
(e) Days are calendar days. In computing any period of time
described in Subchapter V, Chapter 35 of Title 31, United States Code,
including those described in this part, the day from which the period begins
to run is not counted, and when the last day of the period is a Saturday,
Sunday, or Federal holiday, the period extends to the next day that is
not a Saturday, Sunday, or Federal holiday. Similarly, when the Government
Accountability Office (GAO), or another Federal agency where a submission
is due, is closed for all or part of the last day, the period extends to
the next day on which the agency is open.
(f) Adverse agency action is any action or inaction by a contracting
agency which is prejudicial to the position taken in a protest filed with
the agency, including a decision on the merits of a protest; the opening
of bids or receipt of proposals, the award of a contract, or the rejection
of a bid or proposal despite a pending protest; or contracting agency acquiescence
in continued and substantial contract performance.
(g) A document is filed on a particular day when it is received
by GAO by 5:30 p.m. , eastern time, on that day. Protests and other
documents may be filed by hand delivery, mail, commercial carrier, facsimile
transmission, or other electronic means (but see § 21.4(b) for
restrictions on electronic filing where a protective order has been issued).
Hand delivery and other means of delivery may not be practicable during
certain periods due, for example, to security concerns or equipment failures.
The filing party bears the risk that the delivery method chosen will not
result in timely receipt at GAO.
(h)Alternative dispute resolution encompasses
various means of resolving cases expeditiously, without a written decision,
including techniques such as outcome prediction and negotiation assistance.
§ 21.1 Filing a protest.
(a) An interested party may protest a solicitation or other request
by a Federal agency for offers for a contract for the procurement of property
or services; the cancellation of such a solicitation or other request;
an award or proposed award of such a contract; and a termination of such
a contract, if the protest alleges that the termination was based on improprieties
in the award of the contract.
(b) Protests must be in writing and addressed as follows: General Counsel,
Government Accountability Office, 441 G Street, NW., Washington, DC 20548,
Attention: Procurement Law Control Group.
(c) A protest filed with GAO shall:
(1) Include the name, street address, electronic mail address, and telephone
and facsimile numbers of the protester,
(2) Be signed by the protester or its representative,
(3) Identify the contracting agency and the solicitation and/or contract
number,
(4) Set forth a detailed statement of the legal and factual grounds
of protest including copies of relevant documents,
(5) Set forth all information establishing that the protester is an
interested party for the purpose of filing a protest,
(6) Set forth all information establishing the timeliness of the protest,
(7) Specifically request a ruling by the Comptroller General of the
United States , and
(8) State the form of relief requested.
(d) In addition, a protest filed with GAO may:
(1) Request a protective order,
(2) Request specific documents, explaining the relevancy of the documents
to the protest grounds, and
(3) Request a hearing, explaining the reasons that a hearing is needed
to resolve the protest.
(e) The protester shall furnish a complete copy of the protest, including
all attachments, to the individual or location designated by the contracting
agency in the solicitation for receipt of protests, or if there is no designation,
to the contracting officer. The designated individual or location (or,
if applicable, the contracting officer) must receive a complete copy of
the protest and all attachments not later than 1 day after the protest
is filed with GAO. The protest document must indicate that a complete copy
of the protest and all attachments are being furnished within 1 day to
the appropriate individual or location.
(f) No formal briefs or other technical forms of pleading or motion
are required. Protest submissions should be concise and logically arranged,
and should clearly state legally sufficient grounds of protest. Protests
of different procurements should be separately filed.
(g) Unless precluded by law, GAO will not withhold material submitted
by a protester from any party outside the government. If the protester
believes that the protest contains information which should be withheld,
a statement advising of this fact must be on the front page of the submission.
This information must be identified wherever it appears, and the protester
must file a redacted copy of the protest which omits the information with
GAO and the agency within 1 day after the filing of its protest with GAO.
(h) Parties who intend to file documents containing classified information
should notify GAO in advance to obtain advice regarding procedures for
filing and handling the information.
(i) A protest may be dismissed for failure to comply with any of the
requirements of this section, except for the items in paragraph (d) of
this section. In addition, a protest shall not be dismissed for failure
to comply with paragraph (e) of this section where the contracting officer
has actual knowledge of the basis of protest, or the agency, in the preparation
of its report, was not prejudiced by the protester's noncompliance.
§ 21.2 Time for filing.
(a)(1) Protests based upon alleged improprieties in a solicitation which
are apparent prior to bid opening or the time set for receipt of initial
proposals shall be filed prior to bid opening or the time set for receipt
of initial proposals. In procurements where proposals are requested, alleged
improprieties which do not exist in the initial solicitation but which
are subsequently incorporated into the solicitation must be protested not
later than the next closing time for receipt of proposals following the
incorporation.
(2) Protests other than those covered by paragraph (a)(1) of this section
shall be filed not later than 10 days after the basis of protest is known
or should have been known (whichever is earlier), with the exception of
protests challenging a procurement conducted on the basis of competitive
proposals under which a debriefing is requested and, when requested, is
required. In such cases, with respect to any protest basis which is known
or should have been known either before or as a result of the debriefing,
the initial protest shall not be filed before the debriefing date offered
to the protester, but shall be filed not later than 10 days after the date
on which the debriefing is held.
(3) If a timely agency-level protest was previously filed, any subsequent
protest to GAO filed within 10 days of actual or constructive knowledge
of initial adverse agency action will be considered, provided the agency-level
protest was filed in accordance with paragraphs (a)(1) and (a)(2) of this
section, unless the contracting agency imposes a more stringent time for
filing, in which case the agency's time for filing will control. In cases
where an alleged impropriety in a solicitation is timely protested to a
contracting agency, any subsequent protest to GAO will be considered timely
if filed within the 10-day period provided by this paragraph, even if filed
after bid opening or the closing time for receipt of proposals.
(b) Protests untimely on their face may be dismissed. A protester shall
include in its protest all information establishing the timeliness of the
protest; a protester will not be permitted to introduce for the first time
in a request for reconsideration information necessary to establish that
the protest was timely.
(c) GAO, for good cause shown, or where it determines that a protest
raises issues significant to the procurement system, may consider an untimely
protest.
§ 21.3 Notice of protest,
submission of agency report,
and time for filing of comments
on report.
(a) GAO shall notify the contracting agency by telephone within 1 day
after the filing of a protest, and, unless the protest is dismissed under
this part, shall promptly send a written confirmation to the contracting
agency and an acknowledgment to the protester. The contracting agency shall
immediately give notice of the protest to the contractor if award has been
made or, if no award has been made, to all bidders or offerors who appear
to have a substantial prospect of receiving an award. The contracting agency
shall furnish copies of the protest submissions to those parties, except
where disclosure of the information is prohibited by law, with instructions
to communicate further directly with GAO. All parties shall furnish copies
of all protest communications to the contracting agency and to other participating
parties. All protest communications shall be sent by means reasonably calculated
to effect expeditious delivery.
(b) A contracting agency or intervenor which believes that the protest
or specific protest allegations should be dismissed before submission of
an agency report should file a request for dismissal as soon as practicable.
(c) The contracting agency shall file a report on the protest with GAO
within 30 days after the telephone notice of the protest from GAO. The
report provided to the parties need not contain documents which the agency
has previously furnished or otherwise made available to the parties in
response to the protest. At least 5 days prior to the filing of the
report, in cases in which the protester has filed a request for specific
documents, the agency shall provide to all parties and GAO a list of those
documents, or portions of documents, which the agency has released to the
protester or intends to produce in its report, and of the documents which
the agency intends to withhold from the protester and the reasons for the
proposed withholding. Any objection to the scope of the agency's proposed
disclosure or nondisclosure of documents must be filed with GAO and the
other parties within 2 days of receipt of this list.
(d) The report shall include the contracting officer's statement of
the relevant facts, including a best estimate of the contract value, a
memorandum of law, and a list and a copy of all relevant documents, or
portions of documents, not previously produced, including, as appropriate:
the protest; the bid or proposal submitted by the protester; the bid or
proposal of the firm which is being considered for award, or whose bid
or proposal is being protested; all evaluation documents; the solicitation,
including the specifications; the abstract of bids or offers; and any other
relevant documents. In appropriate cases, the contracting agency may request
that the protester produce relevant documents, or portions of documents,
that are not in the agency's possession.
(e) Subject to any protective order issued in the protest pursuant to § 21.4,
the contracting agency shall simultaneously furnish a copy of the report
to the protester and any intervenors. The copy of the report filed with
GAO shall list the parties who have been furnished copies of the report.
Where a protester does not have counsel admitted to a protective order
and documents are withheld from the protester in accordance with this part,
the agency shall provide documents adequate to inform the protester of
the basis of the agency's position.
(f) The contracting agency may request an extension of time for the
submission of the list of documents to be provided by the agency pursuant
to § 21.3(c) or for the submission of the agency report. Extensions
will be granted on a case-by-case basis
(g) The protester may request additional documents after receipt of
the agency report when their existence or relevance first becomes evident.
Except when authorized by GAO, any request for additional documents must
be filed with GAO and the contracting agency not later than 2 days after
their existence or relevance is known or should have been known, whichever
is earlier. The contracting agency shall provide the requested documents,
or portions of documents, and a list to GAO and the other parties within
2 days or explain why it is not required to produce the documents.
(h) Upon the request of a party, GAO will decide whether the contracting
agency must provide any withheld documents, or portions of documents, and
whether this should be done under a protective order. When withheld documents
are provided, the protester's comments on the agency report shall be filed
within the original comment filing period unless GAO determines that an
extension is appropriate.
(i) Comments on the agency report shall be filed with GAO within 10 days
after receipt of the report, with a copy provided to the contracting agency
and other participating parties. The protest shall be dismissed unless
the protester files comments within the 10-day period, except where GAO
has granted an extension or has established a shorter period in accordance
with § 21.10(e). Extensions will be granted on a case-by-case basis.
Unless otherwise advised by the protester, GAO will assume the protester
received the agency report by the due date specified in the acknowledgment
of protest furnished by GAO.
(j) GAO may request or permit the submission of additional statements
by the parties and by other parties not participating in the protest as
may be necessary for the fair resolution of the protest. The agency and
other parties shall not submit any additional statements unless the statements
are specifically requested by GAO or submitted after permission has been
granted by GAO.
§ 21.4 Protective orders.
(a) At the request of a party or on its own initiative, GAO may issue
a protective order controlling the treatment of protected information.
Such information may include proprietary, confidential, or source-selection-sensitive
material, as well as other information the release of which could result
in a competitive advantage to one or more firms. The protective order shall
establish procedures for application for access to protected information,
identification and safeguarding of that information, and submission of
redacted copies of documents omitting protected information. Because a
protective order serves to facilitate the pursuit of a protest by a protester
through counsel, it is the responsibility of protester's counsel to request
that a protective order be issued and to submit timely applications for
admission under that order.
(b) If no protective order has been issued, the agency may withhold
from the parties those portions of its report that would ordinarily be
subject to a protective order. GAO will review in camera all information
not released to the parties. Where a protective order has been issued,
documents may be filed by electronic means (other than facsimile transmission)
only when specifically authorized by GAO.
(c) After a protective order has been issued, counsel or consultants
retained by counsel appearing on behalf of a party may apply for admission
under the order by submitting an application to GAO, with copies furnished
simultaneously to all parties. The application shall establish that the
applicant is not involved in competitive decision-making for any firm that
could gain a competitive advantage from access to the protected information
and that there will be no significant risk of inadvertent disclosure of
protected information. Objections to an applicant's admission shall be
raised within 2 days after receipt of the application, although GAO may
consider objections raised after that time.
(d) Any violation of the terms of a protective order may result in the
imposition of such sanctions as GAO deems appropriate, including referral
to appropriate bar associations or other disciplinary bodies and restricting
the individual's practice before GAO.
§ 21.5 Protest issues not
for consideration.
A protest or specific protest allegations may be dismissed any time
sufficient information is obtained by GAO warranting dismissal. Where an
entire protest is dismissed, no agency report need be filed; where specific
protest allegations are dismissed, an agency report shall be filed on the
remaining allegations. Among the protest bases that shall be dismissed
are the following:
(a) Contract administration. The administration of an existing
contract is within the discretion of the contracting agency. Disputes between
a contractor and the agency are resolved pursuant to the disputes clause
of the contract and the Contract Disputes Act of 1978. 41 U.S.C. 601-613.
(b) Small Business Administration issues. (1) Small business
size standards and standard industrial classification. Challenges of established
size standards or the size status of particular firms, and challenges of
the selected standard industrial classification may be reviewed solely
by the Small Business Administration. 15 U.S.C. 637(b)(6).
(2) Small Business Certificate of Competency Program. Referrals
made to the Small Business Administration (SBA) pursuant to sec. 8(b)(7)
of the Small Business Act, or the issuance of, or refusal to issue, a certificate
of competency under that section will generally not be reviewed by GAO.
The exceptions, which GAO will interpret narrowly out of deference to the
role of the SBA in this area, are protests that show possible bad faith
on the part of government officials, or that present allegations that the
SBA failed to follow its own published regulations or failed to consider
vital information bearing on the firm's responsibility due to the manner
in which the information was presented to or withheld from the SBA by the
procuring agency. 15 U.S.C. 637(b)(7).
(3) Procurements under sec. 8(a) of the Small Business Act. Under
that section, since contracts are entered into with the Small Business
Administration at the contracting officer's discretion and on such terms
as are agreed upon by the procuring agency and the Small Business Administration,
the decision to place or not to place a procurement under the 8(a) program
is not subject to review absent a showing of possible bad faith on the
part of government officials or that regulations may have been violated.
15 U.S.C. 637(a).
(c) Affirmative determination of responsibility by the contracting
officer. Because the determination that a bidder or offeror is capable
of performing a contract is largely committed to the contracting officer's
discretion, GAO will generally not consider a protest challenging such
a determination. The exceptions are protests that allege that definitive
responsibility criteria in the solicitation were not met and those that
identify evidence raising serious concerns that, in reaching a particular
responsibility determination, the contracting officer unreasonably failed
to consider available relevant information or otherwise violated statute
or regulation.
(d) Procurement integrity. For any Federal procurement, GAO
will not review an alleged violation of subsections (a), (b), (c), or (d)
of sec. 27 of the Office of Federal Procurement Policy Act, 41 U.S.C. 423,
as amended by sec. 4304 of the National Defense Authorization Act for Fiscal
Year 1996, Public Law 104-106, 110 Stat. 186, February 10, 1996, where
the protester failed to report the information it believed constituted
evidence of the offense to the Federal agency responsible for the procurement
within 14 days after the protester first discovered the possible violation.
(e) Protests not filed either in GAO or the contracting agency within
the time limits set forth in § 21.2.
(f) Protests which lack a detailed statement of the legal and factual
grounds of protest as required by § 21.1(c)(4), or which fail to clearly
state legally sufficient grounds of protest as required by § 21.1(f).
(g) Procurements by agencies other than Federal agencies as defined
by sec. 3 of the Federal Property and Administrative Services Act of 1949,
40 U.S.C. 472. Protests of procurements or proposed procurements
by agencies such as the U.S. Postal Service, the Federal Deposit Insurance
Corporation, and nonappropriated fund activities are beyond GAO's bid
protest jurisdiction as established in 31 U.S.C. 3551-3556.
(h) Subcontract protests. GAO will not consider a protest of
the award or proposed award of a subcontract except where the agency awarding
the prime contract has requested in writing that subcontract protests be
decided pursuant to § 21.13.
(i) Suspensions and debarments. Challenges to the suspension
or debarment of contractors will not be reviewed by GAO. Such matters are
for review by the contracting agency in accordance with the applicable
provisions of the Federal Acquisition Regulation.
(j) Competitive range. GAO will not consider protests asserting
that the protester’s proposal should not have been included or kept
in the competitive range.
(k) Decision whether or not to file a protest on behalf of Federal
employees. GAO will not review the decision of an agency tender official
to file a protest or not to file a protest in connection with a public-private
competition.
§ 21.6 Withholding of
award and suspension of
contract performance.
Where a protest is filed with GAO, the contracting agency may be required
to withhold award and to suspend contract performance. The requirements
for the withholding of award and the suspension of contract performance
are set forth in 31 U.S.C. 3553(c) and (d).
§ 21.7 Hearings.
(a) At the request of a party or on its own initiative, GAO may conduct
a hearing in connection with a protest. The request shall set forth the
reasons why a hearing is needed to resolve the protest.
(b) Prior to the hearing, GAO may hold a pre-hearing conference to discuss
and resolve matters such as the procedures to be followed, the issues to
be considered, and the witnesses who will testify.
(c) Hearings generally will be conducted as soon as practicable after
receipt by the parties of the agency report and relevant documents. Although
hearings ordinarily will be conducted at GAO in Washington , DC , hearings
may, at the discretion of GAO, be conducted at other locations, or by telephone
or other electronic means.
(d) All parties participating in the protest shall be invited to attend
the hearing. Others may be permitted to attend as observers and may participate
as allowed by GAO's hearing official. In order to prevent the improper
disclosure of protected information at the hearing, GAO's hearing official
may restrict attendance during all or part of the proceeding.
(e) Hearings shall normally be recorded and/or transcribed. If a recording
and/or transcript is made, any party may obtain copies at its own expense.
(f) If a witness whose attendance has been requested by GAO fails to
attend the hearing or fails to answer a relevant question, GAO may draw
an inference unfavorable to the party for whom the witness would have testified.
(g) If a hearing is held, each party shall file comments with GAO within
5 days after the hearing was held or as specified by GAO. If the protester
has not filed comments by the due date, GAO shall dismiss the protest.
(h) In post-hearing comments, the parties should reference all testimony
and admissions in the hearing record that they consider relevant, providing
specific citations to the testimony and admissions referenced.
§ 21.8 Remedies.
(a) If GAO determines that a solicitation, cancellation of a solicitation,
termination of a contract, proposed award, or award does not comply with
statute or regulation, it shall recommend that the contracting agency implement
any combination of the following remedies:
(1) Refrain from exercising options under the contract;
(2) Terminate the contract;
(3) Recompete the contract;
(4) Issue a new solicitation;
(5) Award a contract consistent with statute and regulation; or
(6) Such other recommendation(s) as GAO determines necessary to promote
compliance.
(b) In determining the appropriate recommendation(s), GAO shall, except
as specified in paragraph (c) of this section, consider all circumstances
surrounding the procurement or proposed procurement including the seriousness
of the procurement deficiency, the degree of prejudice to other parties
or to the integrity of the competitive procurement system, the good faith
of the parties, the extent of performance, the cost to the government,
the urgency of the procurement, and the impact of the recommendation(s)
on the contracting agency's mission.
(c) If the head of the procuring activity determines that performance
of the contract notwithstanding a pending protest is in the government's
best interest, GAO shall make its recommendation(s) under paragraph (a)
of this section without regard to any cost or disruption from terminating,
recompeting, or reawarding the contract.
(d) If GAO determines that a solicitation, proposed award, or award
does not comply with statute or regulation, it may recommend that the contracting
agency pay the protester the costs of:
(1) Filing and pursuing the protest, including attorneys' fees and consultant
and expert witness fees; and
(2) Bid and proposal preparation.
(e) If the contracting agency decides to take corrective action in response
to a protest, GAO may recommend that the agency pay the protester the reasonable
costs of filing and pursuing the protest, including attorneys’ fees
and consultant and expert witness fees. The protester shall file any request
that GAO recommend that costs be paid within 15 days of the date on which
the protester learned (or should have learned, if that is earlier) that
GAO had closed the protest based on the agency's decision to take corrective
action. The protester shall furnish a copy of its request to the contracting
agency, which may file a response within 15 days after receipt of the request,with
a copy furnished to the protester.
(f)(1) If GAO recommends that the contracting agency pay the protester
the costs of filing and pursuing the protest and/or of bid or proposal
preparation, the protester and the agency shall attempt to reach agreement
on the amount of costs. The protester shall file its claim for costs, detailing
and certifying the time expended and costs incurred, with the contracting
agency within 60 days after receipt of GAO's recommendation that the agency
pay the protester its costs. Failure to file the claim within that time
may result in forfeiture of the protester's right to recover its costs.
(2) The contracting agency shall issue a decision on the claim for costs
as soon as practicable after the claim is filed. If the protester and the
contracting agency cannot reach agreement within a reasonable time, GAO
may, upon request of the protester, recommend the amount of costs the agency
should pay in accordance with 31 U.S.C. 3554(c). In such cases, GAO may
also recommend that the contracting agency pay the protester the costs
of pursuing the claim for costs before GAO.
(3) The contracting agency shall notify GAO within 60 days after GAO
recommends the amount of costs the agency should pay the protester of the
action taken by the agency in response to the recommendation.
§ 21.9 Time for
decision by GAO.
(a) GAO shall issue a decision on a protest within 100 days after it
is filed.
(b) In protests where GAO uses the express option procedures in § 21.10,
GAO shall issue a decision on a protest within 65 days after it is filed.
(c) GAO, to the maximum extent practicable, shall resolve a timely supplemental
protest adding one or more new grounds to an existing protest, or a timely
amended protest, within the time limit established in paragraph (a) of
this section for decision on the initial protest. If a supplemental or
an amended protest cannot be resolved within that time limit, GAO may resolve
the supplemental or amended protest using the express option procedures
in § 21.10.
§ 21.10 Express options,
flexible alternative procedures,
accelerated schedules, summary
decisions, and status and other
conferences.
(a) At the request of 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 in writing and received
in GAO 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 contracting agency shall file a complete report with GAO and
the parties 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 with GAO and the other
parties 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 request 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.
§ 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 with
GAO 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.
§ 21.12 Distribution
of decisions.
(a) Unless it contains protected information, a copy of a decision shall
be provided to the protester, any intervenors, the head of the contracting
activity responsible for the protested procurement, and the senior procurement
executive of each Federal agency involved; a copy shall also be made available
to the public. A copy of a decision containing protected information shall
be provided only to the contracting agency and to individuals admitted
to any protective order issued in the protest. A public version omitting
the protected information shall be prepared wherever possible.
(b) Decisions may be distributed to the parties, and are available from
GAO, by electronic means.
§ 21.13 Nonstatutory protests.
(a) GAO will consider protests concerning awards of subcontracts by
or for a Federal agency, sales by a Federal agency, or procurements by
agencies of the government other than Federal agencies as defined in § 21.0(c)
if the agency involved has agreed in writing to have protests decided by
GAO.
(b) The provisions of this part shall apply to nonstatutory protests
except for the provision of § 21.8(d) pertaining to recommendations
for the payment of costs. The provision for the withholding of award and
the suspension of contract performance, 31 U.S.C. 3553(c) and (d), also
does not apply to nonstatutory protests.
§ 21.14 Request
for reconsideration.
(a) The protester, any intervenor, and any Federal agency involved in
the protest may request reconsideration of a bid protest decision. GAO
will not consider a request for reconsideration that does not contain a
detailed statement of the factual and legal grounds upon which reversal
or modification is deemed warranted, specifying any errors of law made
or information not previously considered.
(b) A request for reconsideration of a bid protest decision shall be
filed, with copies to the parties who participated in the protest, not
later than 10 days after the basis for reconsideration is known or should
have been known, whichever is earlier.
(c) GAO will summarily dismiss any request for reconsideration that
fails to state a valid basis for reconsideration or is untimely. The filing
of a request for reconsideration does not require the withholding of award
and the suspension of contract performance under 31 U.S.C. 3553(c) and
(d). filing of a request for reconsideration does not require the withholding
of award and the suspension of contract performance under 31 U.S.C. 3553(c)
and (d).
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