Bid Protest - Preparation of a Protest
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PREPARATION OF A PROTEST
There is no prescribed form for filing a protest, except that the protest must be in writing. 4 C.F.R. § 21.1(b). Protests may be filed by hand delivery, mail, commercial carrier, facsimile transmission, or e?mail. 4 C.F.R. § 21.0(g). For protesters who decide to file by e?mail, we point out that GAO uses Microsoft Office (including Microsoft Word) as its office application software. Protests of different procurements must be separately filed. 4 C.F.R. § 21.1(f).
GAO does not require formal briefs or other technical forms of pleadings. However, at a minimum, a protest must:
Include the name, street address, e-mail address, and telephone and facsimile (fax) numbers of the protester (or its representative, if any); Be signed by the protester or its representative; Identify the contracting agency and the solicitation and/or contract number; Set forth a detailed statement of the legal and factual grounds of protest, including copies of relevant documents; Set forth all information establishing that the protester is an interested party for the purpose of filing a protest; Set forth all information establishing the timeliness of the protest; Specifically request a ruling by the Comptroller General of the United States; and State the form of relief requested. 4 C.F.R. § 21.1(c). In addition, a protest may include a request for a protective order, specific documents relevant to the protest, and/or a hearing. 4 C.F.R. § 21.1(d). In this regard, protesters must explain the relevance of requested documents to their protest grounds and the reason a hearing is necessary to resolve the protest. Id.
The protest document must be clearly labeled if it contains information that the protester believes is proprietary, confidential, or otherwise not releasable to the public. In those cases, within 1 day after the filing of the protest with GAO, the protester must provide to GAO and the contracting agency a redacted version of the protest that omits such information. 4 C.F.R. § 21.1(g).
A party may request that GAO decide a protest using an express option schedule or other flexible alternative procedures, including establishing an accelerated schedule, issuing a summary decision, or using ADR procedures. 4 C.F.R. § 21.10(a), (e). GAO also may invoke alternative procedures, including ADR, on its own initiative.
Redacted Protests
A protester must file a redacted protest with GAO and the contracting agency within 1 day after the filing of the unredacted protest with GAO in order to facilitate the agency’s notice of the protest to potential intervenors.
Related Topics and Pages
Bid Protest - Where to Send a Protest
Related Links
http://www.gao.gov/decisions/bidpro/bid/filing.html
