Tag Archives: Filing

CBCA Cannot Waive Its Own Filing Deadlines

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4 C.F.R. 21.2(b) states that, for GAO protests, GAO has the option to dismiss or not dismiss a protest that is filed late if there is good cause or it is an important issue. In other words, if there’s a good reason, GAO can accept an untimely protest. (Please note that this is not suggesting the filing deadline does not matter, GAO treats it very strictly most of the time and you should treat it as a “drop-dead” deadline).

For this reason, some think this same discretion applies in other protests and appeals regarding government contracts. For the Civilian Board of Contract Appeals (CBCA), it very much does not.

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New Rule Changes Bring CBCA Procedures Into the Efiling Age

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On August 17, 2018, the Civilian Board of Contract Appeals (CBCA) issued new procedural rules which go into effect Monday, September 17, 2018. The substantial overhaul of the former rules intends to bring the CBCA into the 21st century by emphasizing, adding, and clarifying rules about electronic filing.

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GAO: Bid Protests Must Be Timely Received Through EPDS

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When it comes to timely filing a bid protest, government contractors should keep one overriding principle in mind: late is late, and it probably won’t matter why the protest wasn’t timely received.

GAO recently reaffirmed this principle when it dismissed a bid protest that wasn’t timely received by its new, mandatory Electronic Protest Docketing System.

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GAO Bid Protests: Email Filings Must Use Correct Address

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If there’s anything worse than losing a GAO bid protest, it’s losing a GAO protest on a technicality.

One of the many conveniences GAO offers protesters is the ability to file protest-related documents by email.  But protesters must timely file their documents at the email address provided under the GAO’s regulations—protests@gao.gov–or their filings will be disregarded.  As one protester learned the hard way, even emailing the document to the individual email address of the GAO attorney deciding the protest isn’t a substitute for using protests@gao.gov.

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