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ARTICLE · 29 JUNE 2015

Protest Peril: Why Contractors Should Not Rely On Optional Debriefings

In the world of GAO protests, as in life, its generally best to go with the rule – not the exception.

United StatesGovernment, Public Sector

In the world of GAO protests, as in life, its generally best to go with the rule – not the exception.

For protest timing, the general rule of thumb is to file within 10 days of when you knew (or should have known) of the basis for the protest.  Notably, there is an exception to this rule where a contractor is entitled to a "requested and required" debriefing.  Under those circumstances, GAO's rules extend the filing date to 10 days following the first date offered for the debriefing.

Today's lesson:  Be wary of allowing the debriefing exception to swallow the rule.  Contractors must be aware that not all debriefings extend the filing deadline – only the requested and required variety under the FAR.

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