Comments on Government-Wide Bid Protest Procedures Policy

GAO was asked to comment on a proposed policy letter which provides guidance concerning Government-wide bid protest procedures. The policy letter states that agencies are responsible for deciding or otherwise resolving bid protests, establishes procedures for agencies to follow when protests are filed with them, and sets forth procedures for agencies to follow when a protest has been filed with GAO. GAO agreed that there is a need for establishing Government-wide procedures for handling bid protests. GAO also favored the major role established for procuring agencies in the policy letter in considering bid protests and hoped that the establishment of uniform agency protest procedures will strengthen this aspect of the protest process. However, GAO did have two suggestions which it thought would improve the proposed policy letter. The first suggestion is that the policy letter should include language requiring agencies to include a notice in a solicitation which informs all potential bidders about their opportunities to protest to GAO. The second suggestion is that agencies should be instructed to advise GAO of the action they have taken on a recommendation for corrective action made by GAO in response to a protest.