Fifth Edition

1995 Bid Protests at G

A Descriptive Gu

GAO/OGC-95-27

The laws and regulations that govern cont

the federal government are designed to en

federal procurements are conducted fairly 

whenever possible, in a way that maximize

competition. On occasion, however, bidde

interested in government procurements m

reason to believe that a contract has been 

to be awarded improperly or illegally, or th

have been unfairly denied a contract or an

opportunity to compete for a contract. A m

avenue of relief for those concerned about 

propriety of an award has been the Genera

Accounting Office, which for almost 75 ye

provided an objective, independent, and im

forum for the resolution of disputes conce

award of federal contracts.

Over the years, GAO has developed a subs

of law and standard procedures for consid

protests. This is the fifth edition of Bid Pro

GAO: A Descriptive Guide, prepared by th

the General Counsel to aid those intereste

bid protest process. We issued the first edi

booklet in 1975 to facilitate greater public 

with the bid protest process at GAO and w

revised it over the years to reflect changes 

protest procedures. This edition incorpora

made to our Bid Protest Regulations, effec

October 1, 1995, to implement the Federal 

Streamlining Act of 1994 and to streamline 

protest process at GAO.

Page 1 GAO/OGC-95-27 Bid Pro
We have improved this edition of the book

providing practice tips to assist parties par

in a bid protest at GAO. In addition, we ha

appendixes which contain a sample protec

and sample applications for access to mat

a protective order.

Robert P. Murphy

General Counsel

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Introduction 

The Bid Protest

Process

Background 

Overview of the Bid Protest Process 

Filing a Protest 

Initial Steps After a Protest Is Filed 

Ex Parte Communications 

Hearings 

Decision Timetable 

Protest Disposition 

Judicial Proceedings 

Requests for Reconsideration 

Bid Protest

Regulations

Appendixes Appendix I: Sample Protective Order 

Appendix II: Sample Applications for Acce

to Materials Under a Protective Order

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Background For almost 75 years, GAO has provided an 

independent, and impartial forum for the r

disputes concerning the award of federal c

Over the years, the decisions of the Compt

General of the United States, the head of G

protest cases have resulted in a uniform bo

applicable to the procurement process tha

upon by the Congress, the courts, contract

agencies, and the public. Although protest

represented by counsel, filing a bid protes

is easy and inexpensive and does not requ

services of an attorney. In addition, matter

usually be resolved more quickly by protes

with GAO than by court litigation.

This booklet is an informal, practical guide 

protest process at GAO; however, it is not 

The legal rules governing this process are 

GAO’s Bid Protest Regulations. Since 1985

had detailed regulations to inform proteste

rules concerning where and how to file a p

what to expect in the way of subsequent a

the time frames established for completion 

actions. These regulations were promulgat

implement the Competition in Contracting 

and were revised in response to the Feder

Acquisition Streamlining Act of 1994. The 

regulations will appear in Title 4 of the Co

Federal Regulations (C.F.R.), Part 21, and 

reproduced in this booklet for ease of refe

GAO changes its regulations from time to 

because of changes in applicable statutes, 

court decision, or when experience dictate

modification is appropriate. These change

published in the Federal Register, and then

incorporated into the Code of Federal Reg

which is published annually and reflects th

or additions to the regulations that were p

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the Federal Register during the preceding 

Because the regulations are published in th

Register, protesters and other parties are h

“constructive knowledge” of them, meanin

are expected to comply with the regulation

they have never actually read the regulatio

In deciding bid protests, GAO considers w

federal agencies have complied with statu

regulations controlling government procur

The main statutes controlling federal proc

are the Armed Services Procurement Act o

the Federal Property and Administrative S

of 1949, as amended, particularly by the Co

in Contracting Act of 1984 and the Federal 

Streamlining Act of 1994. These statutes ar

the United States Code, titles 10 and 41, re

and are implemented by the Federal Acqui

Regulation (FAR) and individual agency re

as well as by the Federal Information Reso

Management Regulation, which governs th

procurement of automatic data processing 

telecommunications needs. GAO’s Bid Pro

Regulations govern GAO’s handling of pro

impose certain requirements on contractin

protesters, and others who participate in b

Overview of the

Bid Protest

Process

The bid protest process at GAO begins wit

of a written protest. In response, the contr

agency is required to file an agency report 

and to provide a copy of that report to the 

The protester then has an opportunity to f

comments on the report. Other parties ma

permitted to intervene, which means that t

also receive a copy of the report and will b

to file written comments on the report.

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GAO may find that a hearing is necessary t

additional facts about a case. If it decides 

hearing, GAO will usually conduct a pre-he

conference to decide the issues that will b

considered at the hearing, to identify the w

and to settle procedural questions. After th

all parties will be allowed to submit writte

comments on the hearing.

After the record is complete, GAO will con

facts and legal issues raised and will issue 

a copy of which will be sent to all the parti

participating in the protest. GAO may sust

protest (that is, find that the agency violat

procurement statute or regulation), in whi

GAO will recommend appropriate correcti

Alternatively, GAO may deny the protest o

the protest without reviewing the matter. G

issue its decision no later than 125 calenda

the date the protest was filed. (In these reg

all “days” are calendar days.) The exact da

GAO issues the decision depends on the u

the procurement, the complexity of the fac

legal issues in the protest, and GAO’s work 

Filing a Protest

Who May Protest By law, a GAO protest must be filed by an 

party,” which means an actual or prospect

or offeror with a direct economic interest 

procurement. 4 C.F.R. § 21.0(a). In challen

evaluation of proposals and the award of c

this generally means an offeror that would 

be in line for award if the protest were sus

Although many parties retain an attorney i

benefit from the attorney’s familiarity with 

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protest process and with procurement stat

regulations, an attorney is not required for 

of filing a protest. However, where the rec

includes another company’s proprietary in

or the agency’s source-selection-sensitive

information, only attorneys (and then only 

attorneys are admitted under a protective 

discussed below) will be allowed to see th

information.

What to Protest Although most protests challenge the acce

rejection of a bid or proposal and the awar

proposed award of a contract, GAO consid

protests of defective solicitations (e.g., alle

restrictive specifications, omission of a req

provision, or ambiguous or indefinite evalu

factors), as well as certain other procurem

(e.g., the cancellation of a solicitation). Th

termination of a contract may be protested 

protest alleges that the termination was ba

improprieties in the award of the contract

§ 21.1(a). Where the agency involved has a

writing, GAO will consider protests concer

(1) awards of subcontracts by or for a fede

(2) sales by a federal agency, and (3) procu

actions by government entities which do n

within the strict definition of federal agenc

4 C.F.R. § 21.0(c). 4 C.F.R. § 21.13(a).

There are some matters that cannot be pro

GAO. The most common grounds for dism

protest in whole or in part are set forth in 

§ 21.5.

Preparation of a

Protest

There is no prescribed form for filing a pro

except that the protest must be in writing. 

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§ 21.1(b). Protests of different procuremen

separately filed. 4 C.F.R. § 21.1(f).

GAO does not require formal briefs or othe

forms of pleadings. However, at a minimum

shall:

(1) Include the name, address, and telepho

facsimile (fax) numbers of the protester (o

representative, if any);

(2) Be signed by the protester or its repres

(3) Identify the contracting agency and the

solicitation and/or contract number;

(4) Set forth a detailed statement of the leg

factual grounds of protest, including copie

relevant documents;

(5) Set forth all information establishing th

protester is an interested party for the pur

filing a protest;

(6) Set forth all information establishing th

timeliness of the protest;

(7) Specifically request a ruling by the Com

General of the United States; and

(8) State the form of relief requested. 4 C.F

§ 21.1(c).

In addition, a protest may include a reques

protective order, specific documents relev

protest, and a hearing. 4 C.F.R. § 21.1(d).

The protest document must be clearly labe

contains information which the protester b

Page 10 GAO/OGC-95-27 Bid Pro
proprietary, confidential, or otherwise not 

to the public. In those cases, within 1 day a

filing of the unredacted protest with GAO, 

protester must provide a redacted version 

document which omits such information t

the contracting agency. 4 C.F.R. § 21.1(g).

A party may request that GAO decide a pro

an express option or accelerated schedule

§ 21.10(a) and (e).

When to Protest The regulations set forth the timelinesss re

for filing protests at GAO. 4 C.F.R. § 21.2. B

protests may delay the procurement of nee

or services, GAO, except under limited

circumstances, strictly enforces these time 

Protests alleging improprieties in a solicita

be filed prior to bid opening or the time se

of initial proposals if the improprieties we

prior to that time. 4 C.F.R. § 21.2(a)(1). A s

defect that was not apparent before that ti

protested no later than 14 days after the de

became apparent. In negotiated procurem

alleged impropriety did not exist in the ini

solicitation but was later incorporated into 

solicitation by an amendment, a protest ba

impropriety must be filed before the next c

established for submitting proposals. Id.

In all other cases, protests must be filed no 

14 days after the protester knew or should 

known the basis of protest, whichever is e

4 C.F.R. § 21.2(a)(2). Because GAO genera

this rule strictly, potential protesters shou

filing a protest simply to gather additional 

from the agency if the delay would mean t

Page 11 GAO/OGC-95-27 Bid Pro
protest would be filed more than 14 days a

protester first learned the basis of protest.

Special timeliness rules govern protests in

with the contracting agency. In those case

protest to GAO must be filed no later than 

after the protester learned of “initial adver

action.” 4 C.F.R. § 21.2(a)(3). Deciding wh

agency action occurs is straightforward w

protester receives oral or written notice th

agency is denying the agency-level protest

should keep in mind, however, that GAO v

action that makes clear that the agency is 

agency-level protest as adverse agency act

Examples of adverse agency action includ

agency’s proceeding with bid opening or th

of proposals, the rejection of a bid or prop

award of a contract despite the agency-lev

Firms which have filed an agency-level pro

are considering protesting to GAO should 

any possible agency action that could be v

indicating that the agency is denying the a

protest.

Even if the firm files a protest with GAO w

14 days of initial adverse agency action, GA

consider the protest untimely if the agency

protest was not timely filed (under GAO’s 

rules, or under an agency’s rules if those ru

stricter). 4 C.F.R. § 21.1(a)(3). For exampl

waits until after bid opening to file an agen

protest of an apparent solicitation impropr

the subsequent protest to GAO is filed with

of the firm’s learning that the agency denie

agency-level protest, GAO will not conside

of that impropriety.

GAO may consider an untimely protest wh

exceptional circumstances beyond the pro

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control caused the delay in filing the prote

the protest presents novel or significant le

of interest to the procurement community

§ 21.2(c).

Where to Send a

Protest

Protests must be addressed to the General 

General Accounting Office, 441 G St., N.W

Washington, DC 20548, Attention: Procure

Control Group. 4 C.F.R. § 21.1(b). GAO’s o

are from 8:30 a.m. to 5:30 p.m., eastern tim

through Friday.

Protests may be filed by hand delivery, ma

commercial carrier, or fax. 4 C.F.R. § 21.0(

filed by hand delivery or commercial carri

delivered to the window located in the G S

in GAO’s main building at the above-refere

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address. Protesters filing their protests by 

verify GAO’s fax number prior to transmis

current bid protest fax number is (202) 512

users should take into account the risk tha

receiving fax machine might be busy, parti

near the end of the business day. GAO will 

stamp a fax transmission as of the time tha

page is received, which may affect the tim

the entire submission. Additional recorded

information concerning the filing of protes

may be obtained by calling the Procureme

Control Group at (202) 512-5282.

A copy of the protest, including all attachm

be filed with the individual or location iden

that purpose in a solicitation, or with the c

officer, within 1 day after the protest is file

GAO. 4 C.F.R. § 21.1(e).

Initial Steps After

a Protest Is Filed

Acknowledgment of

a Protest

Upon receipt of a protest, GAO generally m

protester a written notice acknowledging r

the protest. 4 C.F.R. § 21.3(a). The only ins

which an acknowledgment notice is not se

the protest is summarily dismissed, in whi

notice of dismissal will be furnished.

The acknowledgment notice includes impo

information. First, it provides the file num

which GAO identifies the protest. That num

consists of a letter followed by six digits (e

B-123456). Second, the notice contains the 

which the contracting agency’s response t

protest, the agency report, is due. The noti

that GAO will assume that the protester re

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report on that date and may dismiss the pr

protester’s written comments in response 

report are not received by GAO within 14 d

date. Third, the notice contains the date by 

written decision will be issued by GAO.

Finally, the acknowledgment notice identi

GAO attorney or the GAO contact person h

protest and that individual’s telephone num

individual is the GAO employee who shoul

be contacted with any procedural question

protest. Inquiries about the status of the ca

directed to GAO’s bid protest status line at

(202) 512-5436. This telephone number als

on the notice.

Confirmation of

Report Requirement

Within 1 day of receipt of the protest, GAO 

telephone the contracting agency to advise 

protest has been filed. 4 C.F.R. § 21.3(a). T

telephone call is important because it is th

notice that may trigger a statutorily impos

award or of performance of a contract pen

decision. For this reason, protesters shoul

protests sufficiently in advance of the expi

the statutory period after award or after a 

required debriefing to allow GAO time to n

agency that a protest has been filed for pu

triggering the statutorily imposed delay. G

up the telephone notice with a written con

of report requirement which includes esse

same information provided to the proteste

acknowledgment notice.

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Intervenors Immediately after receiving notice of the p

GAO, the contracting agency must give no

protest to the contractor if an award has b

or, if no award has been made, the agency 

all bidders or offerors which have a reason

chance of receiving an award. GAO may p

firms to participate in the protest as “inter

4 C.F.R. § 21.0(b). If the award has been m

permits only the awardee to intervene. If t

has not been made, firms wishing to interv

Page 16 GAO/OGC-95-27 Bid Pro
so advise GAO and the other parties, and t

GAO to learn whether they will be permitt

intervene. The notice of intervention can b

letter which includes the name, address, a

telephone and fax numbers of the interven

representative, if any, and which advises G

other parties of the intervenor’s status.

Summary Dismissal If a protest is summarily dismissed, GAO w

review the merits of the protest. 4 C.F.R. § 

example, if the protest is untimely on its fa

raises issues that GAO does not consider (

awardee’s business size status), GAO will 

without requiring the contracting agency t

report. GAO may also summarily dismiss i

grounds of protest. Id. For example, if a pr

alleges that a solicitation uses overly restr

technical specifications and uses the incor

definition of a small business, GAO may di

latter ground (which is for consideration b

Business Administration, not GAO), but re

agency report on the remaining ground.

As a general rule, GAO will dismiss a prote

to set forth a detailed statement of the lega

factual grounds of protest or that fails to c

legally sufficient grounds of protest. 4 C.F

citing 4 C.F.R. § 21.1(c)(4) and 4 C.F.R. § 2

respectively.

Once it receives the protest, the contractin

and/or an intervenor may request that GAO 

dismiss the protest or some of its grounds

§ 21.3(b). Where summary dismissal may b

appropriate, the request for dismissal shou

as soon as practicable after the protest is f

request should be in writing and sent to all 

Unless it is clear that dismissal is appropri

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will generally permit the protester to file a 

response to the dismissal request. If the re

dismissal is received by GAO soon after th

filed, GAO may grant the request without r

the agency to prepare a report in response 

protest.

Protective Orders If the record in a protest contains “protect

information, that is, a company’s proprieta

confidential data or the agency’s

source-selection-sensitive information, tha

information cannot be made public. In ord

limited access to protected information re

protest, GAO may issue a protective order

§ 21.4. The protective order strictly contro

access to protected material and how that 

labeled, distributed, stored, and disposed o

conclusion of the protest. GAO will send o

applications for access to materials under 

order at the same time it issues the protec

Only individuals who apply to GAO, and w

applications are approved by GAO, will be 

access to protected information. Those ind

must be attorneys or consultants retained 

attorneys; the attorneys may be outside or 

counsel. The applicants need to show that 

not involved in competitive decisionmakin

company that could gain a competitive adv

from access to the protected information a

there will be no significant risk of inadvert

disclosure of the information. 4 C.F.R. § 21

Individuals permitted access to the protec

information will not be allowed to disclose 

others. This means, for example, that a pro

attorney permitted access to protected inf

under a protective order is prohibited from 

such information to the client. GAO may im

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sanctions on any individual who violates a 

order. 4 C.F.R. § 21.4(d).

The information released under the protec

is not GAO’s, but rather the contracting ag

one of the private parties. For this reason, 

on these parties to carefully review applic

access to materials under a protective ord

call to GAO’s attention any potential violat

protective order. If no party objects to an i

application, GAO will generally admit the a

the protective order. It is important that an

objections to an individual’s application be 

raised. By the end of the second day after 

the application, the objecting party must a

and the other parties that there is an objec

applicant’s admission. 4 C.F.R. § 21.4(c). T

attorney will generally permit the objectin

submit the specific objection, which shoul

writing, the next day. Even after the 2 days 

passed, GAO may withhold its ruling on an

application (or revoke an admission) if inf

comes to light which indicates that the app

not meet the criteria for admission.

A sample protective order, as well as samp

applications for access to materials under 

order for outside counsel, in-house counse

consultants retained by counsel, are repro

the appendixes to this booklet. These sam

documents are provided for informational 

only and are subject to change.

Page 19 GAO/OGC-95-27 Bid Pro
Agency Report The contracting agency is to provide GAO

protester, and any intervenors a complete 

responding to the protest, including all rel

documents and an explanation of the agen

position. The agency report is the agency’s 

response to the protest and must be provid

35 days after it receives telephonic notice 

protest from GAO. 4 C.F.R. § 21.3(c). The r

generally includes a statement of the relev

signed by the contracting officer, a memor

law explaining the agency’s position in ter

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procurement law, and an index and a copy 

relevant documents. Id.

The agency report filed with GAO is to be 

protester and any intervenors. The agency 

documents, or parts of documents, from th

the report provided to these parties if the o

information is protected and the party rec

report is not represented by counsel admit

protective order. 4 C.F.R. § 21.3(d). Where 

protester is proceeding without counsel ad

the protective order and documents are w

important that the protester receive suffic

information to make the agency’s position 

that the protester may comment intelligen

report.

Occasionally, the agency may be aware of 

existence of relevant documents that only 

protester possesses. In appropriate cases, 

may request that the protester produce tho

documents. 4 C.F.R. § 21.3(c). If GAO agre

documents are relevant, it may ask the pro

provide a copy of the documents to GAO a

other parties.

Additional

Document Requests

If a protester learns of the existence or rel

additional documents that it believes GAO 

consider in deciding the protest, it may req

production of those documents by filing a

supplemental document request. 4 C.F.R. § 

Typically, this arises where the protester, i

the agency report, sees references to docu

the agency relies on in support of its positi

not produced. A protester seeking the prod

additional documents should submit a wri

for those documents to GAO and the other 

within 2 days after the existence or relevan

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documents is known or should have been 

whichever is earlier. Id. The agency should 

the request promptly (and in any event, no 

5 days after receiving the request), by eith

producing the documents or explaining wh

documents are not being produced. Id.

Comments on the

Agency Report

The protester and any intervenors may file 

comments on the agency report. 4 C.F.R. § 

Comments generally are due at GAO withi

after receipt of the report. Id. GAO will ass

the protester received the report no later t

date specified in the acknowledgment noti

furnished by GAO, unless otherwise advise

protester. Id. Comments themselves shoul

all parties, as well as to GAO. Copies of co

should be received by the other parties no 

the day after the comments are received a

If the contracting agency produces withhe

documents at the direction of GAO after th

has been submitted, comments will be due 

after receipt of these documents, unless ot

specified by GAO. 4 C.F.R. § 21.3(g).

Failure of the protester to file comments, r

the case be decided on the existing written 

request an extension of time within the 14

will result in dismissal of the protest. 4 C.F

§ 21.3(h).

Page 22 GAO/OGC-95-27 Bid Pro
Ex Parte

Communications

Parties should not attempt to engage in ex 

communications with the GAO attorney as

the protest, or with any other GAO employ

parte communication refers to any oral or 

communication with a GAO official, which 

one or more parties to a protest, about the 

the protest, or about significant issues whi

affect the outcome of the protest. Althoug

necessary during the proceedings to clarif

the record or to explain in greater detail a 

position in the case, GAO will not entertain

one may submit to GAO, off the record, an

explanation, analysis, or advice, whether w

oral, regarding any substantive matter affe

disposition of the protest. Where it is nece

discuss any substantive issue with GAO, a 

conference should be requested. A copy of 

Page 23 GAO/OGC-95-27 Bid Pro
submissions to GAO, redacted where nece

should be provided to all parties to the pro

Hearings At the request of a party or on its own initi

may conduct a hearing where it concludes 

protest cannot otherwise be resolved on th

record alone. 4 C.F.R. § 21.7(a).

Hearings increase the cost and burden of p

GAO therefore holds hearings only when n

A request for a hearing should explain why 

necessary, and point out, for example, fact

legal questions that GAO must resolve to d

protest. GAO has issued several decisions 

discuss reasons for holding hearings. Whil

regulations do not establish a deadline for 

a hearing, a request should be submitted a

possible in the protest process in order to 

unnecessary delays and disruption. On the 

hand, the need for a hearing is often not cl

after the contracting agency has filed its re

many cases, not until the protester has sub

comments on the report.

Where GAO decides to hold a hearing, it w

conduct a pre-hearing conference with all 

4 C.F.R. § 21.7(b). The purpose of that con

to review the scope of the hearing, identify 

appropriate witnesses and their availabilit

the date and location of the hearing, and d

logistical matters. Where GAO determines 

some of the protest issues require a hearin

hearing will generally be limited to those i

GAO attorney handling the protest will con

the pre-hearing conference and the hearin

format of hearings varies from formal (dir

cross-examination of witnesses conducted 

for the parties) to informal (a discussion o

Page 24 GAO/OGC-95-27 Bid Pro
by counsel and others). For this reason, th

pre-hearing conference is usually the best 

to clarify how the GAO attorney expects to 

the hearing, as well as to raise any other qu

about the hearing.

A GAO hearing is, in principle, open to the 

In practice, however, protest hearings ofte

protected information. As a result, most he

closed except to agency personnel and tho

individuals admitted to the protective orde

The GAO hearing room is equipped with v

cameras and microphones which automati

record the proceedings. That system produ

transcript, a copy of which is provided to t

at no charge at the conclusion of the heari

addition, parties may wish to have a court 

attend the hearing to prepare a written tra

request to that effect should be presented 

day of the hearing to the GAO attorney han

case. Such a request will usually be grante

all parties have access to a written transcr

If a hearing is held, all parties, including th

will be permitted to file written comments 

hearing. 4 C.F.R. § 21.7(g). Those commen

7 days after the hearing ends, unless GAO 

different date. Id. If GAO decides to hold a 

before receipt of comments on the agency 

GAO may direct the private parties not to 

separate comments on the report, but to in

views on the report in their comments on t

Id.

Decision

Timetable

Once the record is complete, GAO will con

protest and decide the case through a writ

decision issued by the Comptroller Genera

Page 25 GAO/OGC-95-27 Bid Pro
latest, the decision will be issued 125 days 

protest is filed, unless GAO decides the ca

the 65-day express option schedule. 4 C.F.

and (b). If a protester has filed a suppleme

amended) protest, GAO will endeavor to r

supplemental protest within the 125-day ti

for the initial protest. If that is not feasible

consider using the express option schedul

supplemental protest. 4 C.F.R. § 21.9(c).

Express Option GAO may decide at the request of a party o

own initiative that a protest can be resolve

expedited schedule, referred to as the “exp

option.” 4 C.F.R. § 21.10(a). A party reques

GAO decide the case on this basis should s

written request to that effect no later than 

the protest is filed. 4 C.F.R. § 21.10(c).

Under the express option schedule, the ag

is due within 20 days after the contracting 

receives notice from GAO that the express 

be used. 4 C.F.R. § 21.10(d)(1). Comments 

report generally are due within 7 days afte

the report. 4 C.F.R. § 21.10(d)(2). If a heari

needed, GAO will set a schedule for post-h

comments. 4 C.F.R. § 21.10(d)(3). Under th

option schedule, GAO’s decision will be is

later than 65 days after the protest is filed. 

§§ 21.9(b), 21.10(b). GAO may decide at an

the express option is no longer appropriat

set a different schedule for the protest, wh

exceed the time frame (125 days) for decid

non-express option case.

Accelerated

Schedule and

Summary Decision

Notwithstanding any other provision in the

regulations, at the request of a party or on 

initiative, GAO may resolve any protest us

Page 26 GAO/OGC-95-27 Bid Pro
accelerated schedule and/or may issue a su

decision for any protest. This provision is 

provide a flexible, accelerated protest reso

procedure at GAO which will minimize any 

to the procurement process.

Protest

Disposition

GAO will either dismiss, deny, or sustain t

GAO generally sustains protests where it d

that the contracting agency violated procu

statutes or regulations, unless it concludes 

violation did not prejudice the protester. W

protest is sustained, GAO will recommend

appropriate corrective action. In fashionin

recommendation, GAO will take into acco

circumstances of the procurement, such a

agency’s stated need for the goods or serv

issue, the extent performance has been co

post-award protests in which performance 

been stayed), and similar factors. In appro

circumstances, GAO will recommend term

an improper award or, where this is not fe

the agency not exercise any renewal optio

improperly awarded contract. 4 C.F.R. § 2

(b).

If the protest is sustained, GAO will recom

the protester be reimbursed for the cost of 

pursuing the protest, including attorneys’ f

consultant and expert witness fees. Occas

where there is no other relief available, GA

recommend that the protester also be reim

the cost of preparing its bid or proposal. 4 

§ 21.8(d).

Where GAO has recommended reimbursem

costs, the protester must submit a detailed 

costs, certifying the time expended and co

in pursuing the protest, directly to the con

Page 27 GAO/OGC-95-27 Bid Pro
agency within 90 days after receipt of GAO

recommendation that the agency pay these 

4 C.F.R. § 21.8(f)(1). GAO expects the prot

the agency to determine the exact amount 

If the protester and the agency cannot agre

may, upon request of the protester, decide 

4 C.F.R. § 21.8(f)(2). Protesters should kee

that, except in very limited circumstances

for attorneys’ fees may not exceed $150 pe

GAO never recommends that agencies pay 

or other common-law damages.

When GAO recommends corrective action

Competition in Contracting Act of 1984 req

agencies affected to report to the Comptro

General whenever they have not fully impl

the recommendation within 60 days. The C

General, in turn, annually reports to the Co

each instance where recommendations we

implemented.

Page 28 GAO/OGC-95-27 Bid Pro
Judicial

Proceedings

A protester must immediately advise GAO 

court proceeding which involves the subje

a pending protest and must file with GAO 

relevant court documents. 4 C.F.R. § 21.11

will not consider a protest where the matt

is the subject of litigation in court. 4 C.F.R

For example, if a party files a protest with 

concerning the award of a contract, and th

Page 29 GAO/OGC-95-27 Bid Pro
files a complaint in court also challenging 

GAO will dismiss the protest. However, at 

of the court, GAO may review the protest a

advisory opinion or a decision for the cour

consideration. Id. In such a case, the time 

filing the agency report, filing comments o

report, conducting a hearing and filing com

issuing a decision may be modified to resp

promptly to the court’s request. Id.

GAO also will not review a protest where t

involved have already been decided on the 

court. Id.

Requests for

Reconsideration

Any party who participated in the protest, 

the protester, any intervenor, and the cont

agency, may request that GAO reconsider 

in the protest. 4 C.F.R. § 21.14(a). A reques

reconsideration does not result in the with

award or the suspension of contract perfo

4 C.F.R. § 21.14(c).

GAO must receive the request for reconsid

within 14 days after the basis of reconside

known or should have been known, which

earlier. 4 C.F.R. § 21.14(b). The request mu

the alleged factual or legal error in the dec

4 C.F.R. § 21.14(a). GAO will not consider 

which merely repeats the party’s views alr

expressed in the protest; a request which s

expresses disagreement with the decision; 

request which provides information or rais

argument that could have been, but was no

or raised during the protest.

Page 30 GAO/OGC-95-27 Bid Pro
The regulations governing the bid protest p

appear in Part 21 of Title 4 of the Code of F

Regulations. Those regulations, as in effec

October 1, 1995, are reprinted below.

§ 21.0 Definitions. (a) Interested party means an actual or pr

bidder or offeror whose direct economic in

would be affected by the award of a contra

failure to award a contract.

(b) Intervenor means an awardee if the aw

been made or, if no award has been made, 

or offerors who appear to have a substanti

of receiving an award if the protest is deni

(c) Federal agency means any executive d

or independent establishment in the execu

branch, including any wholly owned gover

corporation, and any establishment in the 

or judicial branch, except the Senate, the H

Representatives and the Architect of the C

any activities under his direction.

(d) Contracting agency means a Federal a

which has awarded or proposes to award a 

under a protested procurement.

(e) Days are calendar days. In computing 

time for the purpose of this part, the day fr

the period begins to run is not counted. W

day of the period is a Saturday, Sunday, or 

holiday, the period extends to the next day 

a Saturday, Sunday, or Federal holiday. Sim

when the General Accounting Office (GAO

another Federal agency where a submissio

closed for all or part of the last day, the pe

extends to the next day on which the agen

Page 31 GAO/OGC-95-27 Bid Pro
(f) Adverse agency action is any action or 

a contracting agency which is prejudicial t

position taken in a protest filed with the ag

including a decision on the merits of a pro

opening of bids or receipt of proposals, th

contract, or the rejection of a bid despite a 

protest; or contracting agency acquiescenc

continued and substantial contract perform

(g) A document is filed on a particular day 

received by GAO by 5:30 p.m., eastern time

day. A document may be filed by hand deli

or commercial carrier; parties wishing to f

document by facsimile transmission or oth

electronic means must ensure that the nec

equipment is operational at GAO’s Procure

Control Group.

§ 21.1 Filing a protest. (a) An interested party may protest a solic

other request by a Federal agency for offer

contract for the procurement of property o

the cancellation of such a solicitation or o

request; an award or proposed award of su

contract; and a termination of such a contr

protest alleges that the termination was ba

improprieties in the award of the contract

(b) Protests must be in writing and addres

follows: General Counsel, General Accoun

441 G Street, NW., Washington, DC 20548, 

Procurement Law Control Group.

(c) A protest filed with GAO shall:

(1) Include the name, address, and telepho

facsimile numbers of the protester,

(2) Be signed by the protester or its repres

Page 32 GAO/OGC-95-27 Bid Pro
(3) Identify the contracting agency and the

solicitation and/or contract number,

(4) Set forth a detailed statement of the leg

factual grounds of protest including copies 

documents,

(5) Set forth all information establishing th

protester is an interested party for the pur

filing a protest,

(6) Set forth all information establishing th

timeliness of the protest,

(7) Specifically request a ruling by the Com

General of the United States, and

(8) State the form of relief requested.

(d) In addition, a protest filed with GAO m

(1) Request a protective order,

(2) Request specific documents relevant to 

grounds, and

(3) Request a hearing.

(e) The protester shall furnish a complete 

protest, including all attachments, to the in

location designated by the contracting age

solicitation for receipt of protests, or if the

designation, to the contracting officer. The 

individual or location (or, if applicable, the

contracting officer) must receive a comple

the protest and all attachments no later th

after the protest is filed with GAO. The pro

document must indicate that a complete c

Page 33 GAO/OGC-95-27 Bid Pro
protest and all attachments are being furni

1 day to the appropriate individual or loca

(f) No formal briefs or other technical form

pleading or motion are required. Protest su

should be concise and logically arranged, a

clearly state legally sufficient grounds of p

Protests of different procurements should 

separately filed.

(g) Unless precluded by law, GAO will not 

material submitted by a protester from any 

outside the government. If the protester be

the protest contains information which sh

withheld, a statement advising of this fact 

the front page of the submission. This info

must be identified wherever it appears, an

protester must file, within 1 day after the f

protest with GAO, a redacted copy of the p

which omits the information.

(h) Parties who intend to file documents c

classified information should notify GAO i

to obtain advice regarding procedures for 

handling the information.

(i) A protest may be dismissed for failure t

with any of the requirements of this sectio

for the items in paragraph (d) of this sectio

addition, a protest shall not be dismissed f

comply with paragraph (e) of this section 

contracting officer has actual knowledge o

of protest, or the agency, in the preparatio

report, was not prejudiced by the proteste

noncompliance.

§ 21.2 Time for filing. (a)(1) Protests based upon alleged improp

solicitation which are apparent prior to bid 

or the time set for receipt of initial propos

Page 34 GAO/OGC-95-27 Bid Pro
filed prior to bid opening or the time set fo

initial proposals. In procurements where p

are requested, alleged improprieties which 

exist in the initial solicitation but which ar

subsequently incorporated into the solicita

be protested not later than the next closin

receipt of proposals following the incorpo

(2) In cases other than those covered in pa

(a)(1) of this section, protests shall be file

than 14 days after the basis of protest is kn

should have been known, whichever is ear

(3) If a timely agency-level protest was pre

filed, any subsequent protest to GAO filed 

14 days of actual or constructive knowledg

adverse agency action will be considered, 

the agency-level protest was filed in accor

paragraphs (a)(1) and (a)(2) of this section

contracting agency imposes a more stringe

filing, in which case the agency’s time for f

control. In cases where an alleged impropr

solicitation is timely protested to a contrac

agency, any subsequent protest to GAO wi

considered timely if filed within the 14-day 

provided by this paragraph, even if filed af

opening or the closing time for receipt of p

(b) Protests untimely on their face may be 

A protester shall include in its protest all in

establishing the timeliness of the protest; a 

will not be permitted to introduce for the f

a request for reconsideration information 

to establish that the protest was timely.

(c) GAO, for good cause shown, or where 

determines that a protest raises issues sign

the procurement system, may consider an 

protest.

Page 35 GAO/OGC-95-27 Bid Pro
§ 21.3 Notice of protest,

submission of agency

report, and time for filing

of comments on report.

(a) GAO shall notify the contracting agenc

telephone within 1 day after the filing of a 

and, unless the protest is dismissed under 

shall promptly send a written confirmation 

contracting agency and an acknowledgme

protester. The contracting agency shall im

give notice of the protest to the contractor 

has been made or, if no award has been m

bidders or offerors who appear to have a r

prospect of receiving an award. The contra

agency shall furnish copies of the protest s

to those parties, except where disclosure o

information is prohibited by law, with inst

communicate further directly with GAO. A

shall furnish copies of all protest commun

the contracting agency and to other partic

parties. All protest communications shall b

means reasonably calculated to effect time

(b) A contracting agency or intervenor wh

that the protest or specific protest allegati

be dismissed before submission of an agen

should file a request for dismissal as soon 

practicable.

(c) The contracting agency shall file a repo

protest with GAO within 35 days after the 

notice of the protest from GAO. The repor

include the contracting officer’s statement 

relevant facts, a memorandum of law, and 

and a copy of all relevant documents inclu

appropriate: the protest; the bid or propos

submitted by the protester; the bid or prop

firm which is being considered for award, 

bid or proposal is being protested; all evalu

documents; the solicitation, including the

specifications or portions relevant to the p

abstract of bids or offers or relevant portio

other relevant documents. The contracting 

Page 36 GAO/OGC-95-27 Bid Pro
shall provide any additional documents re

the protest or explain why it is not require

produce the documents. In appropriate ca

contracting agency may request that the pr

produce relevant documents that are not i

agency’s possession.

(d) Subject to any protective order issued 

protest pursuant to § 21.4, the contracting 

shall simultaneously furnish a copy of the 

the protester and any intervenors. The cop

report filed with GAO shall list the parties 

been furnished copies of the report and sh

in an index any documents, or portions of 

withheld from any party and the reason fo

withholding. Where a protester does not h

admitted to a protective order and docume

withheld from the protester in accordance 

part, the agency shall provide documents a

inform the protester of the basis of the age

position.

(e) The contracting agency may request an 

of time for the submission of the agency re

Extensions will be granted on a case-by-ca

(f) The protester may request additional d

when their existence or relevance first bec

evident. Except when authorized by GAO, 

for additional documents must be filed wit

the contracting agency not later than 2 day

existence or relevance is known or should 

known, whichever is earlier. The contracti

shall provide the requested documents and 

to GAO and the other parties within 5 days 

why it is not required to produce the docu

(g) Upon the request of a party, GAO will d

whether the contracting agency must prov

Page 37 GAO/OGC-95-27 Bid Pro
withheld documents and whether this sho

under a protective order. When withheld d

are provided, the protester’s comments on 

report shall be filed within 10 days after its 

the documents, unless otherwise specified 

(h) Comments on the agency report shall b

GAO within 14 days after receipt of the rep

copy provided to the contracting agency a

participating parties. The protest shall be d

unless the protester files comments or a w

statement requesting that the case be deci

existing record, or requests an extension o

within the 14-day period. Unless otherwise 

the protester, GAO will assume the protes

the agency report by the due date specified 

acknowledgment of protest furnished by G

a showing that the specific circumstances 

require a period longer than 14 days for th

submission of comments, GAO will set a n

the submission of comments. Extensions w

granted on a case-by-case basis.

(i) GAO may permit or request the submis

additional statements by the parties and by 

parties not participating in the protest as m

necessary for the fair resolution of the pro

§ 21.4 Protective orders. (a) At the request of a party or on its own 

GAO may issue a protective order controll

treatment of protected information. Such i

may include proprietary, confidential, or

source-selection-sensitive material, as wel

information the release of which could res

competitive advantage to one or more firm

protective order shall establish procedure

application for access to protected inform

identification and safeguarding of that info

and submission of redacted copies of docu

Page 38 GAO/OGC-95-27 Bid Pro
omitting protected information. Because a 

order serves to facilitate the pursuit of a p

protester through counsel, it is, in the first 

the responsibility of protester’s counsel to 

that a protective order be issued and to su

applications for admission under that orde

(b) If no protective order has been issued, 

may withhold from the parties those portio

report which would ordinarily be subject t

protective order. GAO will review in came

information not released to the parties.

(c) After a protective order has been issue

or consultants retained by counsel appear

behalf of a party may apply for admission 

order by submitting an application to GAO

copies furnished simultaneously to all part

application shall establish that the applica

involved in competitive decisionmaking fo

that could gain a competitive advantage fr

to the protected information and that ther

significant risk of inadvertent disclosure o

information. Objections to an applicant’s a

shall be raised within 2 days after receipt o

application, although GAO may consider o

raised after that time.

(d) Any violation of the terms of a protecti

may result in the imposition of sanctions a

deems appropriate, including referral to ap

bar associations or other disciplinary bodi

restricting the individual’s practice before 

§ 21.5 Protest issues not

for consideration.

GAO shall summarily dismiss a protest or 

protest allegations that do not state a valid 

protest, are untimely (unless considered p

§ 21.2(c)), or are not properly before GAO

or specific protest allegations may be dism

Page 39 GAO/OGC-95-27 Bid Pro
time sufficient information is obtained by 

warranting dismissal. Where an entire prot

dismissed, no agency report shall be filed; 

specific protest allegations are dismissed, 

report shall be filed on the remaining alleg

Among the protest bases which shall be di

the following:

(a) Contract administration. The adminis

an existing contract is within the discretio

contracting agency. Disputes between a co

and the agency are resolved pursuant to th

clause of the contract and the Contract Di

of 1978. 41 U.S.C. 601−613.

(b) Small Business Administration issue

(1) Small business size standards and sta

industrial classification. Challenges of es

size standards or the size status of particu

and challenges of the selected standard in

classification may be reviewed solely by th

Business Administration. 15 U.S.C. 637(b)(

(2) Small Business Certificate of Compete

Program. Any referral made to the Small B

Administration pursuant to sec. 8(b)(7) of 

Business Act, or any issuance of, or refusa

certificate of competency under that sectio

be reviewed by GAO absent a showing of p

faith on the part of government officials or 

consider vital information bearing on the f

responsibility. 15 U.S.C. 637(b)(7).

(3) Procurements under sec. 8(a) of the S

Business Act. Under that section, since co

entered into with the Small Business Admi

at the contracting officer’s discretion and 

terms as are agreed upon by the procuring 

the Small Business Administration, the dec

Page 40 GAO/OGC-95-27 Bid Pro
place or not to place a procurement under 

program is not subject to review absent a 

possible bad faith on the part of governme

or that regulations may have been violated

637(a).

(c) Affirmative determination of respons

the contracting officer. Because the determ

that a bidder or offeror is capable of perfo

contract is based in large measure on subj

judgments which generally are not readily 

of reasoned review, an affirmative determi

responsibility will not be reviewed absent 

of possible bad faith on the part of governm

officials or that definitive responsibility cr

solicitation were not met.

(d) Procurement protested to the General 

Administration Board of Contract Appea

Interested parties may protest a procurem

proposed procurement of automated data 

equipment and services to the General Ser

Administration Board of Contract Appeals

protest to the Board, the same procuremen

may not be the subject of a protest to GAO

759(f).

(e) Protests not filed either in GAO or the 

agency within the time limits set forth in § 

(f) Protests which lack a detailed statemen

legal and factual grounds of protest as req

§ 21.1(c)(4), or which fail to clearly state l

sufficient grounds of protest as required b

(g) Procurements by agencies other than 

agencies as defined by sec. 3 of the Federa

and Administrative Services Act of 1949, 

472. Protests of procurements or propose

Page 41 GAO/OGC-95-27 Bid Pro
procurements by agencies such as the U.S

Service, the Federal Deposit Insurance Co

and nonappropriated fund activities are be

GAO’s bid protest jurisdiction as establish

31 U.S.C. 3551−3556.

(h) Subcontract protests. GAO will not con

protest of the award or proposed award of 

subcontract except where the agency awa

prime contract has requested in writing th

subcontract protests be decided pursuant 

§ 21.6 Withholding of

award and suspension of

contract performance.

Where a protest is filed with GAO, the con

agency may be required to withhold award 

suspend contract performance. The requir

the withholding of award and the suspensi

contract performance are set forth in 31 U

3553(c) and (d) and are implemented by 48 

part 33.

§ 21.7 Hearings. (a) At the request of a party or on its own 

GAO may conduct a hearing in connection 

protest. The request shall set forth the rea

hearing is needed.

(b) Prior to the hearing, GAO may hold a p

conference to discuss and resolve matters 

procedures to be followed, the issues to be

considered, and the witnesses who will tes

(c) Hearings generally will be conducted a

practicable after receipt by the parties of t

report and relevant documents. Although h

ordinarily will be conducted at GAO in Wa

DC, hearings may, at the discretion of GAO

conducted at other locations.

(d) All parties participating in the protest s

invited to attend the hearing. Others may b

Page 42 GAO/OGC-95-27 Bid Pro
to attend as observers and may participate 

by GAO’s hearing official. In order to prev

improper disclosure of protected informat

hearing, GAO’s hearing official may restric

attendance during all or part of the procee

(e) Hearings shall normally be recorded an

transcribed. If a recording and/or transcrip

any party may obtain copies at its own exp

(f) If a witness whose attendance has been 

by GAO fails to attend the hearing or fails 

relevant question, GAO may draw an infer

unfavorable to the party for whom the wit

have testified.

(g) If a hearing is held, no separate comme

agency report should be submitted unless 

requested by GAO. Each party shall file wi

within 7 days after the hearing was held or 

specified by GAO, a single document expr

comments on both the hearing and agency 

with copies furnished to the other parties. 

date, if the protester has not filed commen

written statement requesting that the case 

on the existing record, GAO shall dismiss t

(h) In post-hearing comments, the parties 

reference all testimony and admissions in 

record that they consider relevant, providi

citations to the testimony and admissions 

§ 21.8 Remedies. (a) If GAO determines that a solicitation, c

of a solicitation, termination of a contract, 

award, or award does not comply with sta

regulation, it shall recommend that the con

agency implement any combination of the 

remedies:

Page 43 GAO/OGC-95-27 Bid Pro
(1) Refrain from exercising options under 

contract;

(2) Terminate the contract;

(3) Recompete the contract;

(4) Issue a new solicitation;

(5) Award a contract consistent with statu

regulation; or

(6) Such other recommendation(s) as GAO

determines necessary to promote complia

(b) In determining the appropriate

recommendation(s), GAO shall, except as 

paragraph (c) of this section, consider all

circumstances surrounding the procureme

proposed procurement including the serio

the procurement deficiency, the degree of 

to other parties or to the integrity of the co

procurement system, the good faith of the 

extent of performance, the cost to the gov

the urgency of the procurement, and the im

recommendation(s) on the contracting age

mission.

(c) If the head of the procuring activity det

that performance of the contract notwiths

pending protest is in the government’s bes

GAO shall make its recommendation(s) un

paragraph (a) of this section without regar

cost or disruption from terminating, recom

reawarding the contract.

(d) If GAO determines that a solicitation, p

award, or award does not comply with sta

Page 44 GAO/OGC-95-27 Bid Pro
regulation, it may recommend that the con

agency pay the protester the costs of:

(1) Filing and pursuing the protest, includi

attorneys’ fees and consultant and expert w

fees; and

(2) Bid and proposal preparation.

(e) If the contracting agency decides to tak

corrective action in response to a protest, 

recommend that the agency pay the protes

costs of filing and pursuing the protest, inc

attorneys’ fees and consultant and expert w

fees. The protester shall file any request th

recommend that costs be paid within 14 da

being advised that the contracting agency 

to take corrective action. The protester sh

copy of its request to the contracting agen

may file a response within 14 days after re

request, with a copy furnished to the prote

(f)(1) If GAO recommends that the contra

agency pay the protester the costs of filing 

pursuing the protest and/or of bid or propo

preparation, the protester and the agency 

attempt to reach agreement on the amoun

The protester shall file its claim for costs, 

and certifying the time expended and cost

with the contracting agency within 90 days 

receipt of GAO’s recommendation that the 

the protester its costs. Failure to file the cl

that time may result in forfeiture of the pro

right to recover its costs.

(2) The contracting agency shall issue a de

the claim for costs as soon as practicable a

claim is filed. If the protester and the cont

agency cannot reach agreement within a r

Page 45 GAO/OGC-95-27 Bid Pro
time, GAO may, upon request of the protes

recommend the amount of costs the agenc

pay in accordance with 31 U.S.C. 3554(c). 

cases, GAO may also recommend that the 

agency pay the protester the costs of pursu

claim for costs before GAO.

(3) The contracting agency shall notify GA

60 days after GAO recommends the amoun

the agency should pay the protester of the 

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 

125 days after it is filed.

(b) In protests where GAO uses the expres

procedures in § 21.10, GAO shall issue a de

protest within 65 days after it is filed.

(c) GAO, to the maximum extent practicab

resolve a timely supplemental protest addi

more new grounds to an existing protest, w

time limit established in paragraph (a) of t

for decision on the initial protest. If an am

protest cannot be resolved within that tim

may resolve the amended protest using the 

option procedures in § 21.10.

§ 21.10 Express option,

accelerated schedule,

and summary decision.

(a) At the request of a party or on its own 

GAO may decide a protest using an expres

(b) The express option will be adopted at t

discretion of GAO and only in those cases 

resolution within 65 days.

(c) Requests for the express option shall b

and received in GAO no later than 3 days a

protest or supplemental protest is filed. GA

Page 46 GAO/OGC-95-27 Bid Pro
promptly notify the parties whether the ca

handled using the express option.

(d) When the express option is used, the fo

schedule applies instead of those deadline

and § 21.7:

(1) The contracting agency shall file a com

report with GAO and the parties within 20 

it receives notice from GAO that the expre

will be used.

(2) Comments on the agency report shall b

GAO and the other parties within 7 days af

of the report.

(3) If a hearing is held, no separate comme

agency report under paragraph (d)(2) of th

should be submitted unless specifically req

GAO. Consolidated comments on the agen

and hearing shall be filed within 7 days aft

hearing was held or as specified by GAO.

(4) Where circumstances demonstrate tha

no longer suitable for resolution using the 

option, GAO shall establish a new schedul

submissions by the parties.

(e) At the request of a party or on its own 

GAO may resolve any protest using an acc

schedule and/or may issue a summary dec

any protest.

§ 21.11 Effect of judicial

proceedings.

(a) A protester must immediately advise G

court proceeding which involves the subje

a pending protest and must file with GAO 

relevant court documents.

Page 47 GAO/OGC-95-27 Bid Pro
(b) GAO will dismiss any protest where th

involved is the subject of litigation before 

competent jurisdiction, or where the matte

has been decided on the merits by a court 

competent jurisdiction. GAO may, at the re

court, issue an advisory opinion on a bid p

that is before the court. In these cases, unl

different schedule is established, the times 

in this part for filing the agency report (§ 2

filing comments on the report (§ 21.3(h)), 

hearing and filing comments (§ 21.7), and 

decision (§ 21.9) shall apply.

§ 21.12 Distribution of

decisions.

(a) Unless it contains protected informatio

a decision shall be provided to the protest

intervenors, the head of the contracting ac

responsible for the protested procurement

senior procurement executive of each Fed

involved; a copy shall also be made availab

public. A copy of a decision containing pro

information shall be provided only to the c

agency and to individuals admitted to any 

order issued in the protest. A public versio

the protected information shall be prepare

possible.

(b) Decisions are available from GAO by e

means.

§ 21.13 Nonstatutory

protests.

(a) GAO will consider protests concerning 

subcontracts by or for a Federal agency, s

Federal agency, or procurements by agenc

government other than Federal agencies a

§ 21.0(c) if the agency involved has agreed 

to have protests decided by GAO.

(b) The provisions of this part shall apply t

nonstatutory protests except for the provi

§ 21.8(d) pertaining to recommendations f

Page 48 GAO/OGC-95-27 Bid Pro
payment of costs. The provision for the wi

of award and the suspension of contract p

31 U.S.C. 3553(c) and (d), also does not ap

nonstatutory protests.

§ 21.14 Request for

reconsideration.

(a) The protester, any intervenor, and any 

agency involved in the protest may reques

reconsideration of a bid protest decision. G

not consider a request for reconsideration 

not contain a detailed statement of the fac

legal grounds upon which reversal or mod

deemed warranted, specifying any errors o

or information not previously considered.

(b) A request for reconsideration of a bid p

decision shall be filed, with copies to the p

participated in the protest, not later than 1

the basis for reconsideration is known or s

been known, whichever is earlier.

(c) GAO will summarily dismiss any reque

reconsideration that fails to state a valid b

reconsideration or is untimely. The filing o

for reconsideration does not require the w

of award and the suspension of contract p

under 31 U.S.C. 3553(c) and (d).

Page 49 GAO/OGC-95-27 Bid Pro
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protective order

and the sample

applications for

access to

materials under a

protective order

are provided for

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and are subject

to change.

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Materials Under a Protective Order

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