B-208159.3, NOV 19, 1985, OFFICE OF GENERAL COUNSEL

B-208159.3: Nov 19, 1985

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ONCE THE PROTESTER'S COMMENTS ON THE AGENCY REPORT HAVE BEEN FILED. GAO WILL NOT CONSIDER SUPPLEMENTAL SUBMISSIONS FROM EITHER PARTY. THIS IS IN RESPONSE TO YOUR LETTER DATED OCTOBER 23. AFTER THE PROTESXER'S COMMENTS ON THE AGENCY REPORT HAVE BEEN FILED. WE ARE REQUIRED UNDER THE COMPETITION IN CONTRACTING ACT OF 1984. IN CASES WHERE A CONFERENCE IS SCHEDULED. WITHIN FIVE DAYS AFTER THE CONFERENCE IS HELD. ONCE THE PROTESTER'S COMMENTS HAVE BEEN FILED. WE WILL NOT CONSIDER FURTHER UNSOLICITED SUBMISSIONS FROM EITHER PARTY TO THE PROTEST. OUR OFFICE MAY REQUEST SUBMISSIONS FROM THE PARTIES WHEN WE DETERMINE THAT ADDITIONAL ARGUMENT OR EVIDENCE IS NECESSARY TO RESOLVE THE PROTEST.

B-208159.3, NOV 19, 1985, OFFICE OF GENERAL COUNSEL

CONTRACTS - PROTESTS - INFORMATION EVALUATION - SUFFICIENCY OF SUBMITTED INFORMATION DIGEST: IN RESPONSE TO INQUIRY CONCERNING GAO POLICY REGARDING SUPPLEMENTAL SUBMISSIONS IN BID PROTESTS, LETTER EXPLAINS THAT GENERALLY, ONCE THE PROTESTER'S COMMENTS ON THE AGENCY REPORT HAVE BEEN FILED, GAO WILL NOT CONSIDER SUPPLEMENTAL SUBMISSIONS FROM EITHER PARTY, ALTHOUGH IN APPROPRIATE CASES, GAO MAY REQUEST OR CONSIDER SUPPLEMENTAL COMMENTS.

HAMEL & PARK:

888 16TH STREET, N.W.

WASHINGTON, D.C. 20006

ATTENTION: L. STEPHAN QUATANNENS, ESQ.

THIS IS IN RESPONSE TO YOUR LETTER DATED OCTOBER 23, 1985, IN WHICH YOU REQUESTED AN EXPLANATION OF OUR POLICY REGARDING SUBMISSION OF ADDITIONAL COMMENTS ON A BID PROTEST BY EITHER THE PROTESTER OR THE CONTRACTING AGENCY, AFTER THE PROTESXER'S COMMENTS ON THE AGENCY REPORT HAVE BEEN FILED.

AS YOU KNOW, WE ARE REQUIRED UNDER THE COMPETITION IN CONTRACTING ACT OF 1984, 31 U.S.C.A. SECS. 3551 ET SEQ. (WEST SUPP. 1985), TO DECIDE A PROTEST WITHIN 90 WORKING DAYS UNLESS THE CIRCUMSTANCES OF THE PARTICULAR CASE JUSTIFY A LONGER PERIOD. IN ORDER TO MEET THE 90-DAY REQUIREMENT, OUR BID PROTEST REGULATIONS CALL FOR A SINGLE ROUND OF SUBMISSIONS, WITH THE PROTESTER'S FINAL COMMENTS TO BE SUBMITTED WITHIN SEVEN WORKING DAYS AFTER THE FILING OF THE CONTRACTING AGENCY'S REPORT, OR, IN CASES WHERE A CONFERENCE IS SCHEDULED, WITHIN FIVE DAYS AFTER THE CONFERENCE IS HELD. C.F.R. SECS. 21.3(E), 21.5(C) (1985). GENERALLY, ONCE THE PROTESTER'S COMMENTS HAVE BEEN FILED, WE WILL NOT CONSIDER FURTHER UNSOLICITED SUBMISSIONS FROM EITHER PARTY TO THE PROTEST. IN APPROPRIATE CASES, HOWEVER, OUR OFFICE MAY REQUEST SUBMISSIONS FROM THE PARTIES WHEN WE DETERMINE THAT ADDITIONAL ARGUMENT OR EVIDENCE IS NECESSARY TO RESOLVE THE PROTEST.