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ARTICLE · 15 AUGUST 2024

Bid Protests: GAO Reminds Would-Be Protesters – Timing Is Everything

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When to file a protest challenging an agency's corrective action is an issue that has confused protesters for over a decade since GAO's Domain Name Alliance Registry, B‑310803.2, Aug. 18, 2008, ...

United StatesGovernment, Public Sector
Amy Laderberg O'Sullivan
Amy Laderberg O'Sullivan
Issac D. Schabes
Issac D. Schabes

When to file a protest challenging an agency's corrective action is an issue that has confused protesters for over a decade since GAO's Domain Name Alliance Registry, B‑310803.2, Aug. 18, 2008, 2008 CPD ¶ 168 decision. In Domain Name, GAO held where a protester essentially challenges the "ground rules" of corrective action, that protest must be filed pre-award or risk being dismissed as untimely. This has led to the proliferation of overly cautious protesters bringing pre-award challenges to corrective actions only to have GAO dismiss such protests as merely anticipating improper agency action and therefore premature. Indeed, the line between a timely and untimely corrective action protest is unclear. And that confusion persists, as evidenced in two recent GAO dismissals—General Dynamics Information Technology, Inc., B-422421.6, B-422421.7, July 17, 2024, and Peraton Inc., B-422409.2, B‑422409.3, July 22, 2024.

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