So, for purposes of this blog and GAO’s timeliness rules, we will stick with the safer (albeit more vague) categorization of protests to a solicitation’s terms and everything else. The good news is, both categories of GAO’s timeliness rules can be found under the same time for filing regulation.
GAO Protests to Solicitation’s Terms
The first section of the regulation discusses the protest to a solicitation’s terms. Those are generally described by GAO as: “[p]rotests based upon alleged improprieties in a solicitation which are apparent prior to bid opening or the time set for receipt of initial proposals[.]” And GAO’s timeliness rules require that such protests “shall be filed prior to bid opening or the time set for receipt of initial proposals.” …
So, to sum up the timeliness rule for protests to a solicitation’s terms, there are really three situations with three different deadlines:
- Situation One: Protests of an issue apparent in the initial solicitation–due by the time of bid opening or proposal deadline.
- Situation Two: Protests of an issue that becomes apparent in a subsequent solicitation document (often an amendment, incorporated Q&A, etc.)–due by the next closing time for proposals.
- Situation Three: Protests of a solicitation issue where there is no established closing time for proposals or there won’t be any further proposal submissions– due within 10 days of when the issue became (or should have become) known to the protester… Read the full article here.
