Procedures Used by GAO in Decision Did Not Constitute Denial of Due Process of Law

B-186842: May 5, 1978

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A company requested reconsideration of a decision in which recommendations were made that option years of a contract should be resolicited, contending that it was deprived of procedural due process of law. Due process was not denied by GAO's use of agency records not provided to the protester since resolution of bid protests is distinct from court litigation. Bid Protest Procedures establish procedural fairness by giving reasonable notice and opportunity to be heard by the protester and interested parties. The protester's only remedy under the Freedom of Information Act for agency denial of access to documents is appeal to courts.

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