Bid Protests at GAO: A Descriptive Guide

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Ex Parte Communications

Parties should not attempt to engage in ex parte communications with the GAO attorney assigned to the protest, or with any other GAO employee. An ex parte communication refers to any oral or written communication between a party and a GAO official that excludes one or more of the parties to the protest, and concerns the merits of the protest or significant issues that might affect the outcome of the protest. Although it may be necessary during the proceedings to clarify a fact in the record or to explain in greater detail a party's position in the case, GAO will not entertain, and no one may submit to GAO, on an ex parte basis, any evidence, explanation, analysis, or advice, whether written or oral, regarding any substantive matter affecting the disposition of the protest. Where it is necessary to discuss any substantive issue with GAO, a telephone conference should be requested. A copy of all written submissions to GAO, redacted where necessary, should be provided to all parties to the protest.

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