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4 CFR 21.2:  Protest Raises Issues Significant to the Procurement System 

Comptroller General - Key Excerpts

We need not resolve whether this procurement was conducted on the basis of competitive proposals within the meaning of our timeliness rules because we find that this protest is appropriate for consideration under the significant issue exception to our timeliness rules. 4 C.F.R. sect. 21.2(c). What constitutes a significant issue is to be decided on a case-by-case basis. Pyxis Corp., B-282469, B-282469.2, July 15, 1999, 99‑2 CPD para. 18 at 4. We generally regard a significant issue as one of widespread interest to the procurement community and that has not been previously decided. Satilla Rural Electric Membership Corp., B‑238187, May 7, 1990, 90-1 CPD para. 456 at 3. The issue here--the application of conflict of interest regulations to peer review evaluators in SBIR procurements--is not one that we have previously decided and is one that can be expected to arise in future SBIR procurements. Accordingly, we consider the issue raised to be a significant one that should be treated on the merits. (Celadon Laboratories, Inc., B-298533, November 1, 2006) (pdf)

Reedsport does not argue that its protest is timely; rather, it asserts that its protest should be heard under section 21.2(c) of our Regulations, which provides that we may consider an otherwise untimely protest where there was good cause for the untimely filing--some compelling reason beyond the protesterís control that prevented the protester from filing a timely protest--or the protest presents a significant issue--one of widespread interest to the procurement community that has not previously been considered. Industrial Acoustics Co., Inc.--Recon., B-246260.2, Jan. 28, 1992, 92-1 CPD ∂ 120 at 2. This protest falls under neither exception. Reedsport does not allege, and there is nothing in the record to indicate, that Reedsport was somehow prevented from timely protesting the amendment, and while the issues raised are of interest to the protester, they are limited to the procurements in issue and are not of widespread interest to the procurement community. See R & K Contractors, Inc., B‑292287, July 23, 2003, 2003 CPD ∂ 149 at 5 n.3. (Reedsport Machine & Fabrication, B-293110.2; B-293556, April 13, 2004) (pdf)

Comptroller General - Listing of Decisions

For the Government For the Protester
Reedsport Machine & Fabrication, B-293110.2; B-293556, April 13, 2004) (pdf) Celadon Laboratories, Inc., B-298533, November 1, 2006 (pdf)
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