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![handle is hein.gao/gaobabjpv0001 and id is 1 raw text is:
CO4'T LrGCRAlOF THE U ITUr) SATE.S 83 6'
B-183079 August 22. 1979
The Honorable William Proxmire
Chairman, Committee on Banking, /
('j Housing and Urban Affairs
United States Senate D
Dear Mr. Chairman:
This is in response to your request for a report con-
cerning our disposition of bid protests and agency activities
causing bid protests Also, you asked th-at we review our rule
in 4 C.F.R. 20.2(b) (2) requiring that certain bid protests
be filed within a 10-day period. You believe the rul'e may
result in unfair treatmentg small businesses with limited
legal resources.
W We share your concern that our rule allowing 10 1: -
ing days to file certain protests not impose an undue burden
on protesters, both large and small. As a result of your let-
.ter, we surveyed cases filed over selecteqi periods of time
covering recent experience under Ehe present 10-day rule as
7 well as our experience under our previous 5-day rule. Our
review of the cases decided during fiscal year 1978 to which
the 10-day rule was applicable indicate~that more than 95
percent of those cases were filed within J.5 days after the
basis-for protest was, known. Significantly, most of the cases
filed beyond 15 day f Ilwe, pu sieh t period, often by
more than a month, ve_-,any rulhe permitting con-
siderati-pn of those cases would unduly isrupt the procurement
process.
Because the study shows that the great rnajority of
protests would be treated on the merits if we relaxed the
present 10-day rule to allow an additional 5 days for a total
of 15-days for filing certain protests, we are now colwsidering
how a change in the time limit would impact upon certain other-
provisions of our procedures. 'We believeJit would be prudent
fmr--_s to solicit and consider the iews of the major contractina
agencies before effecting a change, rbC5aSIe].those agencies
logically would be concerned about the impact any extension
in the filing period wouJ 3 have on the order.v administration
of procurements. Therefore, we plan to solicit their views
in the near future and upon receipt -of those views, determine
what changes, if any, would be apE]ropriate. Of course, we
will keep you advised of cur progjrcss.
A.,~ )97 9
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