Protests via email will no longer be permitted. GAO promises that the new system will be both “secure” and “easy-to-use.” This week, GAO rolled out a new set of instructions that offers greater insight into the new e-filing process. The final rule and EPDS system are the result of requirements adopted by Congress in 2014 directing GAO to establish and operate an electronic filing and document dissemination system for bid protests, and the amendments to GAO’s regulations also include certain administrative changes. Therefore, the new regulation as adopted reads: At least 5 days prior to the filing of the report, in cases in which the protester has filed a request for specific documents, the agency shall file a response to the request for documents. GAO proposed to revise 4 C.F.R. This Final Rule goes into effect on May 1, 2018. The Government Accountability Office (GAO) is establishing a new system for filing bid protests – the Electronic Protest Docketing System (EPDS). GSA requested either dismissal of the protest or removal of GSA as the assigned agency, on the basis that “the procurement at issue was not conducted by GSA.” Electronic Protest Docketing System No. Back in April, 2016 the GAO published a notice in the federal register recognizing the implementation of electronic protest filing with the GAO. The GAO says that “EPDS will automatically send the agency e-mail notice advising it that a protest has been filed immediately upon the filing of the protest.” That notice “is important because it is the official notice that may trigger a statutory stay of the award or … Entities intending to file a bid protest or a request to intervene must have an active EPDS user account. There is a $350 filing fee. GAO’s New Electronic Protest Docketing System. %3Ciframe+width%3D%22560%22+height%3D%22315%22+src%3D%22https%3A%2F%2Fwww.youtube.com%2Fembed%2FEp7SneyccK0%22+frameborder%3D%220%22+allow%3D%22accelerometer%3B+autoplay%3B+encrypted-media%3B+gyroscope%3B+picture-in-picture%22+allowfullscreen%3E%3C%2Fiframe%3E, %3Ciframe+src%3D%22%2F%2Fwww.youtube.com%2Fembed%2FRD1QYxtXrKU%3Fautoplay%3D1%26rel%3D0%22+frameborder%3D%221%22+width%3D%22380%22+height%3D%22214%22%3E%3C%2Fiframe%3E, Business Restructuring, Creditors' Rights & Bankruptcy, Climate Change & Sustainable Business Solutions, Employee Benefits & Executive Compensation, Government Enforcement, Internal Investigations & White Collar Defense, 1L Eaton/Thompson Hine Diversity Summer Associate Program, 1L Kelly Services/Thompson Hine Diversity Summer Associate Program. SmallGovCon readers may recall that, in 2016, the Government Accountability Office proposed an electronic filing system for bid protests.GAO released a pilot version of its new system earlier this year, and Koprince Law LLC has had the opportunity to test it on several occasions through our bid protest work.. In such situations, the protester's decision not to retain counsel may well prove to have an adverse impact not only on the protester but also on the intervenor, even if the intervenor has retained counsel. While many of the administrative changes to the GAO regulations will improve the bid protest process for GAO and clarify procedures for the parties, ultimately they will also aid GAO in continuing to provide the effective forum for resolution of protests mandated by Congress. Search our news items and press releases for issues of interest to you. A. GAO stated that it would revise its proposed regulations to clarify that documents with classified material “shall not” be filed through EPDS. Found inside – Page 14... 137 Permanent replacements , impact of hiring on Exxon Co. , order reinstating oil refinery em- Docket , 1993-94 ... termination of emTNS Inc. , work stoppage as protest ruled unPerformance tests , new technologies to gauge ployee ... To avoid confusion, GAO will revise the final rule to provide that parties must copy all other parties on communications with GAO” (emphasis added). § 21.4 to provide that “when a party files a document in EPDS that is marked protected, that party must, at the request of another party, provide a proposed redacted version of the document to the requesting party within 2 days. (g) A document is filed on a particular day when it is received in EPDS by 5:30 p.m., Eastern Time. The Government Accountability Office {GAO) finally has unveiled its long-awaited Electronic Protest Docketing System (EPDS). This publication is intended to inform clients about legal matters of current interest. In the Proposed Rule, the GAO anticipates that it will establish an electronic system known as the Electronic Protest Docketing System, or EPDS. This public domain book is an open and compatible implementation of the Uniform System of Citation. GAO also recognizes that preparation of redacted versions of documents requires resources on the part of the parties that prepare them and on the part of the other parties who must review them.”, Accordingly, GAO revised new paragraph (b) of 4 C.F.R. The site and the content within it are not intended to establish and their use does not establish an attorney/client relationship between Thompson Hine and any visitor. This document may be considered attorney advertising in some jurisdictions. Found inside – Page 1-151open access same - time information system final rule , ( EC1794 ) ( 22FE ) , ( EC3675 ) ( 16JN ) -project cost and annual ... ( EC3587 ) [ 9JN ] GAO : bid protest report , ( EC2066 ) ( 5MR ] -Congressional Award Foundation financial ... Prior to EPDS, anyone could submit a protest simply by emailing a protest letter to GAO. As discussed above, the EPDS system is an effective means of docketing and communication for the parties and the GAO bid protest system will be improved as a result. Many of you are aware of the Government Accountability Office’s (“GAO’s”) new bid protest regulations; this is a reminder that they went into effect today, May 1, and include several significant changes. © Copyright 2021 Thompson Hine. This revision is intended to balance the legitimate interest in providing public versions of documents against the parties’ costs of preparing and reviewing such documents.”, One commentator requested that the new regulation expressly permit party-specific redactions (for example, in a document that may be released only to either the protester or intervenor). The only exceptions are for protests containing classified material and documents that cannot be uploaded due to size or […] One new EPDS feature sure to garner more attention as the roll out continues is the new $350.00 filing fee.  Currently, filing bid protests is free. Readers should not act upon the information contained in it without professional counsel. The new electronic bid protest docketing system (EPDS) is designed “to provide a more seamless and efficient process for SmallGovCon readers may recall that, in 2016, the Government Accountability Office proposed an electronic filing system for bid protests.GAO released a pilot version of its new system earlier this year, and Koprince Law LLC has had the opportunity to test it on several occasions through our bid protest work. It’s less expensive, only requiring a filing fee collected to support the new GAO Electronic Protest Docketing System (EPDS). This book explains how True Cost Accounting is an effective tool we can use to address the pervasive imbalance in our food system. Calls are coming from all quarters that the food system is broken and needs a radical transformation. Search our list of publications for topics of interest to you. Where appropriate, the exhibits to the agency report or other documents may be proposed for redaction in their entirety. Search our experience repository for matters of interest to you. All Rights Reserved. Any GAO protest must be filed within 10 calendar days of this formal notification of, or actual or constructive knowledge of, an initial adverse agency action (as determined in 4 Code of Federal Regulations 21.0(e)). Protesters also must pay a $350 filing fee to file a new GAO protest (supplemental protests and related requests do not require a filing fee payment). Scott Arnold. This Handbook documents and organizes these conversations, bringing together some of the most thoughtful and impactful contributors to contemporary surveillance debates, policies, and practices. GAO’s New Electronic Protest Docketing System. GAO proposed to add paragraph (l) of 4 C.F.R. No.  GAO bid protests will still be subject to the same rules concerning content, standing, and timeliness (among other things). … To read the full blog post, please click here. The congressional mandate requires a fee to file a protest through EPDS, and the final rule maintains the proposed fee at $350, subject to review by GAO. Protests containing classified information will not use EPDS. Many of the proposed amendments address GAO’s proposed “Electronic Protest Docketing System,” or EPDS. These instructions govern electronic filings for protests, requests for reconsideration, and either requests for recommendation of reimbursement of costs, or requests for recommendation of amount of costs filed before the U.S. Government Accountability Office (GAO). The report suggests changing funding and reimbursement for dental care; expanding the oral health work force by training doctors, nurses, and other nondental professionals to recognize risk for oral diseases; and revamping regulatory, ... § 21.6 states: An agency shall file a notification in instances where it overrides a requirement to withhold award or suspend contract performance, and it shall file either a copy of any issued determination and finding, or a statement by the individual who approved the determination and finding that explains the statutory basis for the override. Search our professionals' biographies to see their credentials and experience. GAO still has not provided a firm date from when EPDS will go live.  When a start date is set, will the change to EPDS be earth-shattering? ), part 21. GAO INTRODUCES ELECTRONIC PROTEST SYSTEM, ASSESSES $350 FILING FEE The Government Accountability Office (GAO) has announced that it is introducing a secure web-based electronic system for bid protests. Electronic Protest Docketing System. The GAO will establish an electronic system known as the Electronic Protest Docketing System, or EPDS. The views set forth herein are the personal views of the authors and do not necessarily reflect those of the Firm. ( g ) A document is filed on a particular day when it is received in EPDS by 5:30 p.m., Eastern Time. GAO is currently in the process of developing the system, which will be called the Electronic Protest Docketing System (EPDS). EPDS should also assist all parties in complying with protective orders. Effective May 1, 2018, all new protests (excluding those containing classified material) must be filed using GAO’s EPDS. We detail below some key changes it implements to the protest process. Fernand A. Lavallee Washington +1.202.879.3486flavallee@joesday.com, Cherie J. Owen Washington +1.202.879.3996 cowen@jonesday.com, Robin OverbyWashington+1.202-879-5438roverby@jonesday.com. GAO protests are relatively inexpensive, especially when compared to the COFC. Browse descriptions of our many practice groups by clicking on areas of the law in the list below that are of interest to you. It has the ability to send real-time notices to Federal agencies of new protest filings as well as notice to all parties to a protest of subsequent protest filings, according to the GAO. © 2018 THOMPSON HINE LLP. Full Report (4 pages) Accessible Text (4 pages) Related Pages. Found inside – Page 3... FAC delays date for using new A - E form , implements new trade pacts , thresholds 18 APPOINTMENTS DHS ....... 27 FEDERAL WORKFORCE DCMA employees face decision on union representation 19 13 BID PROTESTS GAO protest docket continues ... However, intervenors are now on notice that, in most cases, their ability to access source selection sensitive or proprietary information will be limited if the protester is not represented by counsel. Rather, the proposed fee will cover the costs of establishing and operating EPDS (Electronic Protest Docketing System). Protesters are required to use GAO's Electronic Protest Docketing System (EPDS) for all new bid protests. Found inside – Page 14014CP76--118 ] notice of intervention or protest in the Sylvania Incorporated and Philco ConAmendment to Application instant docket need not file again . sumer Electronics Corporation alleging U - T OFFSHORE SYSTEM KENNETH F. PLUMB ... “Diligent Pursuit” may Keep Your Protest Alive, Fox Speaks: Risk Management in Government Contracting, Government Shutdowns: Practical Strategies for Mitigating Contractor Risk, Fox Speaks: Interpreting Government Contracts, The Federal Government Contracts & Procurement Blog, For more on the pros and cons of protests at the GAO, check out my Government Contracts 101 guide. If the answer is "Yes," only the party that made the filing, GAO, authorized agency representatives, and individuals admitted to the protective order will be able to access the filing. GAO recently reaffirmed this principle when it dismissed a bid protest that wasn’t timely received by its new, mandatory Electronic Protest Docketing System. This how-to guide provides instructions on adding a co-representative to a pending case in GAO’s Electronic Protest Docketing System. This week, GAO rolled out a new set of instructions that offers greater insight into the new e-filing process. The EPDS will be the sole means for filing a bid protest at GAO (with the exception of protests containing classified information), and will allow parties to a bid protest and GAO to file and receive documents. Related. (g) A document is filed on a particular day when it is received in EPDS by 5:30 p.m., Eastern Time.

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