GAO Protest

[buddyandme]

Situation: Our GAO protest was dismissed due to the agency?s agreement to take corrective action. It has been 60 days since GAO dismissed the protest and the promised corrective action has not been instituted. The corrective action is to re-issue the solicitation.

I have never encountered this situation and after researching the issue at the GAO website at Chapter I - The Bid Protest Process it appears we are able to claim for reimbursement of protest costs. We clearly would have won this protest as the agency blatantly violated FAR set-asides procedures. In these types of cases, based on the GAO procedures it appears we are able to claim protest costs and are putting our claim together. What I did not read was how much time after the 60 day period we are allowed to submit our claim. Any help for this question is appreciated.

I was also considering bringing this issue up to the agency before we submit the claim to determine if they are interested in negotiating an alternate resolution. Any thoughts on this strategy.

[Jacques]

The timeliness of the agency's corrective action is generally measured by when it provides notice to the GAO of its intent to do so, not when all of the corrective action ultimately happens. The protester needs to promptly file its request for declaration of entitlement to costs with the GAO within 15 days after learning that the agency is taking corrective action. 4 CFR 21.8(e). See Moon Eng'g, B-247053.6, Aug. 27, 1992, 92-2 CPD ? 129. Sixty days to implement the corrective action for a resolicitation may be timely, depending on the circumstances. Has the agency provided you with a ETA?

[Jacques]

On the other hand, consider Louisiana Clearwater, Inc.-Recon. and Costs, B-283081.4, B-283081.5, Apr. 14, 2000, 2000 CPD ? 209, for the exception. More on point, consider Pemco Aeroplex, Inc.--Recon. and Costs, B-275587.5; B-275587.6, Oct. 14, 1997, which deals with the government apparently abandoning its plans to take corrective action after more than four months.

For an example on how long it can take to resolicit, consider New Tech. Mgmt., Inc., B-287714.2, Dec. 4, 2001, 2001 CPD ? 196 (corrective action was timely where the agency announced its intent to take corrective action by cancelling and resoliciting on 8 May 01, and the new 8(a) competitive award was not offered to SBA until August and was not awarded until 27 Sep 01).

[buddyandme]

The timeliness of the agency's corrective action is generally measured by when it provides notice to the GAO of its intent to do so, not when all of the corrective action ultimately happens. The protester needs to promptly file its request for declaration of entitlement to costs with the GAO within 15 days after learning that the agency is taking corrective action. 4 CFR 21.8(e). See Moon Eng'g, B-247053.6, Aug. 27, 1992, 92-2 CPD ? 129. Sixty days to implement the corrective action for a resolicitation may be timely, depending on the circumstances. Has the agency provided you with a ETA?

Please define ETA - Estimated Time ___?___. If ETA is when they intend to take corrective action, the answer is no, they have not.

[buddyandme]

On the other hand, consider Louisiana Clearwater, Inc.-Recon. and Costs, B-283081.4, B-283081.5, Apr. 14, 2000, 2000 CPD ? 209, for the exception. More on point, consider Pemco Aeroplex, Inc.--Recon. and Costs, B-275587.5; B-275587.6, Oct. 14, 1997, which deals with the government apparently abandoning its plans to take corrective action after more than four months.

For an example on how long it can take to resolicit, consider New Tech. Mgmt., Inc., B-287714.2, Dec. 4, 2001, 2001 CPD ? 196 (corrective action was timely where the agency announced its intent to take corrective action by cancelling and resoliciting on 8 May 01, and the new 8(a) competitive award was not offered to SBA until August and was not awarded until 27 Sep 01).

Thanks for providing the informative references.

[bob7947]

Thanks for providing the informative references.

There is an area under the protests page that might be useful.

http://www.wifcon.com/pdcg21_8e.htm

Or you can look at the subjects yourself.

http://www.wifcon.com/pdbyforum.htm