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ARTICLE · 09 JUNE 2014

Pre-Award Bid Protests – Don’t Forfeit Your Rights

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A recent bid protest decision highlights one of the most common reasons for protest dismissals – the failure to challenge a solicitation before the proposal due date.

United StatesGovernment, Public Sector
Christian Nagel
Christian Nagel

A recent bid protest decision highlights one of the most common reasons for protest dismissals – the failure to challenge a solicitation before the proposal due date.

The protest was filed by the incumbent on two Department of Labor contracts. When DOL decided to recompete the contracts under small business set-aside rules, the incumbent faced the prospect of losing the work because it did not qualify as a small business. The incumbent challenged the small business set-aside, but waited to file its GAO protest until after the deadline for proposal submission.

The GAO dismissed the protest, reaffirming its "strict rules" requiring that "a protest based upon alleged improprieties in a solicitation that are apparent prior to the closing time for receipt to proposals be filed before that time." Adams and Associates, Inc., B-409680,B-409681, Apr 22, 2014.

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