[Federal Register Volume 61, Number 35 (Wednesday, February 21, 1996)]
[Proposed Rules]
[Page 6579]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 96-3897]



 ========================================================================
 Proposed Rules
                                                 Federal Register
 ________________________________________________________________________
 
 This section of the FEDERAL REGISTER contains notices to the public of 
 the proposed issuance of rules and regulations. The purpose of these 
 notices is to give interested persons an opportunity to participate in 
 the rule making prior to the adoption of the final rules.
 
 ========================================================================
 

  Federal Register / Vol. 61, No. 35 / Wednesday, February 21, 1996 / 
Proposed Rules  

[[Page 6579]]


GENERAL ACCOUNTING OFFICE

4 CFR Part 21


General Accounting Office, Administrative Practice and Procedure, 
Bid Protest Regulations, Government Contracts

AGENCY: General Accounting Office.

ACTION: Advance notice of proposed rulemaking.

-----------------------------------------------------------------------

SUMMARY: The General Accounting Office (GAO) is soliciting comments on 
how its bid protest procedures can be revised in order to facilitate 
GAO's meeting a new statutory deadline for issuing decisions, while 
also improving the overall effectiveness of the bid protest process at 
GAO. GAO is reviewing, and will be revising, its Bid Protest 
Regulations in light of the requirement in the National Defense 
Authorization Act for Fiscal Year 1996 that GAO issue bid protest 
decisions within 100 calendar days from the time a protest is filed at 
GAO.

DATES: Comments must be submitted on or before March 22, 1996.

ADDRESSES: Comments should be addressed to: Michael R. Golden, 
Assistant General Counsel, General Accounting Office, 441 G Street, 
NW., Washington, DC 20548.

FOR FURTHER INFORMATION CONTACT: Michael R. Golden (Assistant General 
Counsel) or Linda S. Lebowitz (Senior Attorney), 202-512-9732.

SUPPLEMENTARY INFORMATION: The National Defense Authorization Act for 
Fiscal Year 1996, Pub. L. 104-106, which was enacted on February 10, 
1996, requires GAO, effective August 8, 1996, to issue bid protest 
decisions within 100 calendar days from the time a protest is filed at 
GAO, shortening the current 125-calendar-day requirement. GAO will 
revise its bid protest regulations to comply with this new deadline. 
GAO is inviting public participation in the revision process by 
soliciting comments on how it should revise its regulations both in 
order to facilitate meeting the new timeliness requirement and to 
improve the overall effectiveness of the GAO bid protest process.
    On January 31, 1995, GAO published a proposed rule (60 FR 5871) 
implementing the Federal Acquisition Streamlining Act of 1994 (FASA), 
Pub. L. 103-355, 108 Stat. 3243, dated October 13, 1994, and reflecting 
the practice that had evolved at GAO with respect to protective orders 
and hearings. On August 10, 1995, GAO published a final rule (60 FR 
40737).
    In comments on the proposed rule, several commenters suggested that 
GAO revise its timeliness rules to permit the timely filing of a 
protest 5 calendar days after the new statutorily required debriefing, 
that is, concurrent with the new requirements for obtaining a stay and 
independent of the time from which the protester may otherwise have 
learned of a basis of protest. In adopting the final rule, GAO did not 
consider this change to its timeliness rules because it believed that 
the recommendation warranted an opportunity for public comment. GAO 
invites comments on this recommended change to its timeliness rules in 
light of the new, shorter statutory period for resolving bid protests 
and the debriefing requirements contained in FASA and the National 
Defense Authorization Act for Fiscal Year 1996.
    In light of the new, shorter statutory period for resolving bid 
protests, GAO also invites suggestions addressing the feasibility of 
promoting the early production of documents in appropriate cases. GAO 
notes that since October 1995, parties have frequently agreed to early 
document production, resulting in the expeditious resolution of these 
protests including dismissals and withdrawals of the protests in whole 
or in part.
    In addition, GAO welcomes the submission of ideas regarding the 
appropriate length of regulatorily imposed deadlines, including the 
time periods for filing supplemental protests, comments, and 
supplemental document requests, as well as suggestions concerning the 
use of accelerated or alternative procedures to more expeditiously 
resolve bid protests. GAO anticipates publishing a proposed rule for 
public comment on or before May 1, 1996.
    Comments with respect to this advance notice of proposed rulemaking 
should reference file number B-259187.2. Comments may be filed by hand 
delivery or mail at the address in the address line, or comments may be 
filed by facsimile transmission at 202-512-9749.
Robert P. Murphy,
General Counsel.
[FR Doc. 96-3897 Filed 2-20-96; 8:45 am]
BILLING CODE 1610-01-P