What time does the day end? Most people would answer that a day ends at midnight. However, a recent GAO decision highlights that, for purposes of filing a pre-award bid protest with the GAO, the business day ends at 5:30 p.m. ET when the GAO closes its doors for the day. Confusingly, this can result in a protest that was technically filed on a Friday after 5:30 p.m. ET, not actually being filed until Monday, the next business day. A recent GAO decision explores this phenomenon and clarifies filing deadlines for pre-award bid protests challenging solicitation terms, especially in the case where an offer deadline is after GAO’s close of business.
Continue readingTag Archives: untimely bid protests
Beta.SAM.gov: Check Early & Check Often!
If we’ve said it once, we’ve said it a thousand times: when it comes to submitting your GAO protest, meeting GAO’s strict timeliness requirements is a must. So is watching out for notices on contract awards posted online. In Prudential Protective Services, LLC, B-418869 (Aug. 13, 2020), the protest was dismissed as untimely because it was filed more than 10 days after notice of the award was posted to beta.SAM.gov.
Continue readingGAO Holds that Protest Was Late Despite Post-Debriefing Questions
Some contractors mistakenly believe that debriefings or post-debriefing questions always extend the deadline for filing a protest with GAO. In some cases they do, but in others they don’t.
In cases where they don’t, a protester must file its protest within 10 days of knowing the basis for its protest. Otherwise, GAO will dismiss the protest as untimely, without any regards to the protest’s merits.
Continue readingGAO Catch-22: A Protest is Both Too Late and Too Early
Over the years, we’ve written a fair number of blogs about how contractors have been either too early or too late to protest. What we haven’t blogged about is a situation where a contractor is premature and late. Unfortunately for one protester, GAO has recently confirmed that you can, indeed, be both too early and too late to protest.
Continue readingProtester Missed Its Chance to Protest Corrective Action Scope, Says GAO
As we’ve previously discussed here at SmallGovCon, a substantial number of GAO bid protests are resolved through voluntary corrective action. While corrective action is typically a desirable outcome for a bid protest, it by no means affords a protester the opportunity to relax.
Indeed, as one offeror recently discovered, the failure to diligently protest the scope of a corrective action barred raising certain challenges later on.
Continue readingShort Procurement Deadline? GAO says it Doesn’t Impact Protest Timing Rules
As anyone in the federal contracting line of work knows, deadlines come at you fast and hard. In a recent GAO decision, GAO refused to relax the timeliness rules associated with protests of solicitation requirements, even where that left the contractor with very little time to protest.
Continue readingDon’t Wait Until It’s Too Late: GAO Dismisses Claim of Agency Bias as Untimely
In Adams and Associates, Inc., B-417120 et al. (Comp. Gen. Jan. 16, 2019), GAO dismissed a post-award protest, which alleged agency bias and retaliation against the protester, as untimely.
The GAO’s decision highlights the uphill battle contractors face when alleging agency bias.
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