Are You Thinking of Filing a Post Award Bid Protest?
You Must Be Aware of the These Critical Time Deadlines!
Pro test er’s Post Award Bid Protest Awareness of Time limits for filing with the GAO.
The GAO Bid Protest Regulations, the U.S.C. and C.F.R. regulate the time limits and deadlines for a protester filing a post award bid protest. If these time limits are not followed, then the protest is in jeopardy of being dismissed. Below is an outline of the time allowances and deadlines that must be adhered to in a post award bid protest, plus other elements that are important in filing a post award bid protest.
If you elect to protest a contract award to the GAO (FAR 33.103), then you must be aware of the short time frames involved.
“(1) When the agency receives notice of a protest from the GAO within 10 days after contract award or within 5 days after a debriefing date offered to the protester for any debriefing that is required by FAR 15.505 or FAR 15.506, whichever is later, the contracting officer shall immediately suspend performance or terminate the awarded contract, except as provided in paragraphs (c)(2) and (3) of this section.”
U.S.C. 3553 (d)(4)(B)
Some post award bid protest grounds which will not be considered by GAO include:
A party may request a hearing or the GAO may require a hearing per 4 C.F.R. 21.7 if it is determined that a hearing is necessary to determine the issues of the bid protest.
The protester may request specific documents from the agency and needs to explain the relevancy of the documents to the protest. 4 C.F.R. 21.1(d)(2). However, the agency 5 days prior to filing its agency report must produce a list of the documents it plans to submit and those it plans to withhold and the reasons for withholding. The protester or intervenor must object within 2 days. 4 C.F.R. 21.3(c).
Protester may request or the GAO may grant a protective order per 4 C.F.R. 21.4 to protect proprietary or confidential information including source selection sensitive information which if released could cause competitive advantage or disadvantage of protester or intervenor.
If the GAO determines that the solicitation or proposed award or award does not comply with statutes or regulations, then remedies per 4 C.F.R. 21.8 may include terminating the contract, re-competing or re-issuing a contract compliant with statutes and regulations. The agency
could also take corrective action in lieu of a GAO decision, and the GAO may offer its recommendations as to the type of corrective action.
“(d) If GAO determines that a solicitation, proposed award, or award does not comply with statute or regulation, it may recommend that the contracting agency pay the protester the costs of:
Filing a protest directly with the issuing Agency Protest is regulated per FAR 33.103.
Subcontractor allowed to protest if agency awarding the prime contract has a written request that subcontractor protest be decided pursuant to 4 C.F.R. 21.13. See 4 C.F.R. 21.5(h)
The GAO will issue a decision within 100 days after a protest is filed, 4 C.F.R. 21.9(a), unless the GAO uses the express option procedures in 4 C.F.R. 21.10, and then shall issue a decision on a protest within 65 days after it is filed.