To: kenneth shopsin who wrote (1547 ) 3/5/1999 7:05:00 PM From: KewlHand Respond to of 1755
This kind of reality? PROTECTIVE ORDERS If the record in a protest contains "protected" information, that is, a company's proprietary or confidential data or the agency's source-selection-sensitive information, that information cannot be made public. In order to allow limited access to protected information relevant to a protest, GAO may issue a protective order. 4 C.F.R. § 21.4. The protective order strictly controls who has access to protected material and how that material is labeled, distributed, stored, and disposed of at the conclusion of the protest. A protective order package, which includes the protective order and the application(s) for access to material under a protective order, generally will be issued soon after a protest is filed, but in appropriate cases, may be issued simultaneously with the acknowledgment notice. § 21.12 DISTRIBUTION OF DECISIONS. (a) Unless it contains protected information, a copy of a decision shall be provided to the protester, any intervenors, the head of the contracting activity responsible for the protested procurement, and the senior procurement executive of each Federal agency involved; a copy shall also be made available to the public. A copy of a decision containing protected information shall be provided only to the contracting agency and to individuals admitted to any protective order issued in the protest. A public version omitting the protected information shall be prepared wherever possible. (b) Decisions are available from GAO by electronic means. DECISION TIMETABLE Once the record is complete, GAO will consider the protest and decide the case through a written decision issued by the Comptroller General. At the latest, the decision will be issued 100 days after the protest is filed, unless GAO decides the case under the 65-day express option schedule. 4 C.F.R. § 21.9(a), (b). If a protester has filed a timely supplemental or a timely amended protest, GAO will endeavor to resolve the supplemental/amended protest within the 100-day time frame for a decision on the initial protest. 4 C.F.R. § 21.9(c). If that is not feasible, GAO may consider using the express option schedule or other accelerated schedule for the resolution of the supplemental/amended protest. Id.; 4 C.F.R. § 21.10(e). I reckon the protest details are 'source selection sensitive' so we won't see much in terms of public releases. regards kh