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B-158766 1 (1979-03-13)

handle is hein.gao/gaobabjmn0001 and id is 1 raw text is: GAO United States General Accounting Office Office of Washington, DC 20548 General Counsel InRepl' 3. . 66 Government Sales Ccnsultants, Inc. 7023 Little river Turntie - _1 S 1979 S it,- Annandale, Virginia 22003 Attention: Terry D. M-illpr Piesident Referq/ce is made to your request for our comnents on neveral 4Problevs y. found in -e bid orot est proces, You contend that at times the aqency will not give a *yes* or no* answer to a nroble, and will subsequently :refer the matter to a hiqher authority. If the matter is referred to a higher authority you believe that there is a risk to the protester of hav-. ing the 10-day filing rule *thrown in hiq face.' You contend that most agencies 'trot the 10-day rule out eVerytime rather than dealing with an issue on the merits.*: You also state that when a protest is still pending before the contracting agency and a -con- current protest is filed with GAO, the agency will, more than likely, believe that the *battle line-s are drawn Andstor any further review. You then refer to the General Services Administra- tion's actions re;arding ADP procurements involving the Brooks Act, 40 U.S.C. 5 759 (1976). You contend that a1thouhh GSA usually comes to an agreetment with the vendor,' the agreement is not reached within a 10-day period. Consequently, if the *vendor files a protest with GAO, GSA will no Ioner consider the matter is for its review. Oum Bid Protest Procedures :(Ptocedures), 4 C.F.R. port 20 (1970), ae inten4- to provide fair and equitable procedural standards for protection of all. parties to a.protest. 1%ny interested1 party in a

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