Sometimes, unintentional ambiguities can lead to a few laughs. One website, for instance, reports funny ambiguous newspaper headlines, such as “Kids Make Nutritious Snacks” and “Juvenile Court to Try Shooting Defendant.”
When it comes to bids and proposals, however, ambiguities are no laughing matter. As one contractor discovered in a recent GAO bid protest decision, a procuring agency may reject a contractor’s bid if it contains an ambiguity regarding a material solicitation requirement.
GAO bid protest timeliness can be one of the most frustrating aspects of GAO bid protests. Typically, unless the contractor receives a debriefing, any post-award protest must be filed within ten days after the contractor knew or “should have” known of the basis of protest.
The “should have known” portion of the GAO bid protest timeliness rule has tripped up contractors for years, and continues to do so. In Golight, Inc., B-401866 (Sept. 10, 2009), the GAO held that a disappointed offeror “should have” known of its basis for protest on the day the contractor received an email—even though the recipient didn’t open the email until several days later.