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Bid Protest Deadlines and Pitfalls: What You Need to Know

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When filing a bid protest, timing is everything. Missing a deadline can be fatal to your case, even if your claims are otherwise strong. This post breaks down critical bid protest deadlines and common timing pitfalls to help contractors avoid costly mistakes.

1. GAO Deadlines: Strict and Unforgiving

    • Pre-Award Protests: Must be filed before proposal due date to challenge solicitation terms​.
    • Post-Award Protests: Generally must be filed within 10 days of when the protester knew or should have known the basis for protest​.
    • Debriefing Exception: If a “required” debriefing is requested, the protest deadline is five days from the debriefing to trigger an automatic stay of contract performance​.
    • Timely Filing Requirement: Protests must be filed by 5:30 pm ET on the due date to be considered timely by GAO.

2. Court of Federal Claims (COFC) Deadlines: More Flexible, But Can’t Wait Too Long

    • Same Rule as GAO for Pre-Award Protests: Like GAO, must be filed before proposal due date to challenge solicitation terms.
    • No Strict Post-Award Protest Filing Deadline: Unlike GAO, COFC does not impose a hard deadline for post-award protests.
    • But the Doctrine of Laches Still Applies: If you wait too long without justification, your protest may be dismissed for being untimely and prejudicial to the agency​.

3. Automatic Stay at GAO vs. Injunction at COFC

    • GAO: Protest must be filed within 10 days of award or five days after a required debriefing to trigger an automatic stay preventing contract performance​.
    • COFC: No automatic stay—protesters must request a preliminary injunction, which requires meeting a high legal standard​.

4. Corrective Action Can Restart the Clock, but Post-Corrective Action Protest Rules Are Tricky

    • If an agency takes corrective action (e.g., re-evaluates proposals and makes a new award decision), the protest timeline resets, and new deadlines apply​.
    • However, the timeliness rules following corrective action can be complicated and depend on several factors, such as whether the protest challenges the scope of the corrective action itself, whether the corrective action resets the procurement ground rules, and whether the corrective action involves the submission of revised proposals.

5. Pitfalls That Can Doom a Protest

    • Failing to protest restrictive or ambiguous solicitation terms before bids are due. This can waive your right to challenge them later.
    • Waiting too long to file at COFC. Just because there’s no deadline doesn’t mean delay won’t hurt you.
    • Missing the GAO automatic stay window. Even if your protest is timely, missing the five- or 10-day stay deadline allows performance to continue.

Again, timing is everything. Protest early, especially for solicitation challenges; understand whether your debriefing is “required,” as failure to do so could prove fatal to your protest; and remember, while corrective action resets protest deadlines, the timing rules for later protests are tricky.

Need help navigating bid protest deadlines? Consult Matt Carter to ensure your case is timely and strategically sound.