The Bid Protest Debrief
In A2A Integrated Logistics, Inc., B-423433, May 20, 2025, A2A Integrated Logistics protested a Department of Veterans Affairs (VA) contract award after learning that its proposal had been rejected due to a technical issue—specifically, the agency’s email server allegedly blocked the submission. A2A maintained that its proposal was timely submitted and should have been considered. However, despite discovering the issue shortly after the submission deadline, A2A waited more than 10 days before filing a formal protest with the agency. After the agency dismissed that protest as untimely, A2A turned to GAO. But GAO likewise dismissed the protest, holding that A2A missed the strict filing deadline and emphasizing that informal communication with the agency does not extend the protest clock.
The Decision
GAO dismissed the protest, ruling that:
- Late Is Late: GAO ruled that A2A’s protest was filed too late. The firm first raised the issue with the agency on February 20—a day after the contract was awarded—but didn’t formally protest until March 12, well beyond the 10-day limit required under GAO rules.
- Trying to “Work It Out” Does Not Pause the Protest Clock: Even though A2A emailed the contracting officer to raise its concerns, GAO emphasized that informal outreach does not extend the protest deadline. GAO thus made clear that waiting for a response from the agency doesn’t preserve timeliness under the FAR or GAO’s regulations.
- Agency Technical Errors Don’t Excuse Late Protests: A2A argued its bid was blocked by the agency’s server, but GAO found that the company still had an obligation to protest promptly once it realized its submission hadn’t been received.
Key Takeaways for Contractors
- Know the 10-Day Rule—and Follow It Strictly: GAO will dismiss a protest if it’s filed more than 10 calendar days after the protester knew or should have known of the issue. There are no extensions just because you’re waiting for a response from the agency.
- Agency-Level Outreach Does Not Toll the Protest Clock: Even if you’re trying to resolve concerns informally, you must still file a formal protest on time—or risk being shut out.
- Email or Portal Submission? Always Get a Receipt: If your proposal submission is via email or government portal, always try to verify delivery and keep records. A lost or blocked submission, without timely follow-up, won’t save your protest.
- Protest Early, Even If the Facts Are Developing: If you suspect your proposal wasn’t received or was improperly excluded, don’t wait weeks for an explanation. File to preserve your rights, as you can always withdraw later if needed.
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