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Proposed changes to bid-protest regulations

Responding to a Congressional mandate, the Government Accountability Office (GAO) has proposed rules to change bid-protest procedures.

Section 1501 of the Consolidated Appropriations Act for Fiscal Year 2014 directed the GAO to establish and operate an electronic filing and document dissemination system for bid protests. On April 15, 2016, the GAO issued its proposed rules for implementing this system. The act requires that all parties to a protest be able to access the documents related to the protest electronically.

The new system will be called the Electronic Protest Docketing System (EPDS) and will be the sole means for protesting a bid before the GAO—except for protests that include classified information.

The act also requires the bid protester to pay a fee for using this system. GAO currently expects the fee to be $350.

In this process, the GAO is going to reword 4 C.F.R. 21.2(a)(2) to eliminate some misleading language about when protests concerning solicitation improprieties need to be filed. See a previous discussion of this issue.

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Monday, 26 June 2017

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