April 3, 2020

Recently, the Government Accountability Office ("GAO") published a short bid protest decision that provides a cautionary reminder on its bid protest timeliness rules. Bottom line: a contracting officer's phone call regarding a procurement decision can, in some instances, start GAO's bid protest timeliness shot clock.

In Zero Waste Solutions, Inc., B-418550, March 31, 2020, 2020 CPD ¶ ___, the protester was providing solid waste management services at Fort Knox, Kentucky under a contract...

April 24, 2019

GAO decision highlights protest timeliness for postponed pre-award debriefings (competitive range exclusion).

GAO's timeliness rules are strictly construed and provide that a protest following a "required" post-award debrief is timely if it's filed not later than 10 days after the debriefing. 4 CFR § 21.2(a)(2). Where an offeror is excluded from competitive range, a pre-award debriefing that is postponed until after award is "required" only when the "[excluded] offeror requested and was refused...

April 16, 2019

GAO protest is an instructive reminder to contractors regarding timeliness rule for protests filed before a required debriefing.

GAO's regulations generally provide that post-award protests must be filed within 10 days after the basis for protest is known or should have been known. 4 CFR § 21.2(a)(2). Where a debriefing is timely requested and required, however, an exception applies and "the initial protest shall not be filed before the debriefing date offered to the protester, but shall be filed...

September 7, 2018

We are nearing the end of FY2018 and that means some contractors are feverishly working on proposals with hopes of winning contracts during the fiscal year-end spending surge. These contracts tend to be lucrative ("use it or lose it" mentality), as each has the potential to help you increase revenue and bolster past performance. But, to capitalize on this opportunity, contractors must first ensure that your proposals are timely submitted to be eligible for an award. In that regard, it's importan...

July 19, 2018

A recent GAO decision in Exceptional Software Strategies is an instructive reminder of the applicable rule concerning the timeliness of a contractor's debriefing request and illustrates the cascading impact such request has on protest timeliness.  [1] As many of us know, a debriefing can be a powerful tool in a contractor's toolbox.  Debriefings not only allow you an ample opportunity to build relationships with agency personnel but can also help you ascertain whether there were any improprietie...

November 25, 2017

Recent GAO protest reiterates the rule that a proposal is timely when the agency receives it at the designated place before the deadline. Notably, a delivery confirmation from the contractor's email system does not constitute receipt of an emailed proposal.

Briefly, the protester emailed its proposal to the designated inbox before the deadline and received an Outlook delivery confirmation. When the agency didn't acknowledge receipt, the protester called to verify. The agency didn't receive the pr...

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About GovConJudicata

Welcome to GovConJudicata an informational blog/website focusing on government contracts issues, including bid protests (e.g., GAO, COFC), claims, disputes, SBA matters, compliance, regulatory, and cyber (e.g., DFARS, NIST SP 800-171, CMMC).

GovConJudicata is published by Joshua Duvall, managing partner at Matross Edwards, a law firm providing government contracts and cybersecurity legal services to small and mid-sized businesses.

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