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Late Is Still Late: GAO Dismisses Two Protests in One Week for Timeliness Failures

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Twice in one week, GAO dismissed bid protests as untimely, with each case highlighting a different but equally unforgiving timeliness trap. In ASG Solutions Corp., B-424053 (Jan. 16, 2026), the protester mistakenly assumed it was entitled to a FAR Part 15 debriefing in a FAR Part 13 procurement, incorrectly believing that its protest clock had been tolled. In Mission Analytics, LLC, B-423980 (Jan. 14, 2026), the protester miscalculated the deadline for filing a follow-on GAO protest after initial adverse agency action, and missed the filing deadline by one minute. Together, the decisions underscore GAO’s strict enforcement of its timeliness rules and serve as a reminder that misunderstandings about debriefings, agency-level protests and filing deadlines are often fatal to otherwise potentially successful protest challenges.

The Decisions
GAO dismissed both protests, ruling that:

ASG Solutions

  1. No Required Debriefing in FAR Part 13 Procurements: GAO reiterated that when an agency conducts a procurement under FAR Part 13, it is not required to provide a debriefing under FAR section 15.506. Instead, the agency need only provide a brief explanation of the basis for award in response to a request for information.
  2. Erroneous Agency References to a “Debriefing” Do Not Toll Timeliness: Although the Navy initially referenced a forthcoming “debriefing,” GAO held that such statements did not create a new obligation to conduct a FAR Part 15 debriefing. The controlling factor was the solicitation itself, which clearly stated the procurement was conducted under FAR Part 13.
  3. The Protest Clock Started with the Brief Explanation of Award: GAO found that the Navy’s September 18 email—which identified the awardee, award value, and basis for award—constituted the required brief explanation under FAR 13.106-3(d). Because that explanation was not a required debriefing, it did not toll the filing deadline.
  4. ASG’s Protest Was Filed Too Late: ASG was required to file its protest within 10 days of September 18. Its November 13 protest was therefore untimely and dismissed.

Mission Analytics

  1. Proceeding with the Closing Date Is Initial Adverse Agency Action: Mission filed a pre-award agency-level protest challenging the solicitation’s camera zoom specification and the agency’s decision to issue the RFQ on an unrestricted basis. GAO held that the Air Force’s decision to proceed with the September 17 closing date for quotations constituted initial adverse agency action, which triggered the 10-day clock to file a protest at GAO.
  2. The 10-Day Clock Ran from the Closing Date: Because the agency moved forward with receiving quotations, Mission was on notice that the agency was not taking corrective action. To be timely, Mission was then required to file its GAO protest within 10 days of September 17.
  3. 5:31 p.m. Is Too Late: Mission filed its GAO protest at 5:31 p.m. on the tenth day, one minute after GAO’s 5:30 p.m. filing deadline. GAO strictly enforced the deadline and dismissed the protest as untimely.

Key Takeaways for Contractors

  1. Late Is Late, No Matter the Reason: GAO enforces its timeliness rules strictly. Missing the deadline by a day, or even a minute, will result in dismissal.
  2. Know Which FAR Part Governs Your Procurement: FAR Part 13 procurements do not entitle offerors to FAR Part 15 debriefings. A “brief explanation” does not toll the protest clock.
  3. Agency-Level Protests Can Start the Clock: When an agency proceeds with proposal receipt despite a pre-award agency-level protest, that action constitutes initial adverse agency action and starts the 10-day countdown to file at GAO.
  4. Agency Misstatements Do Not Save Untimely Protests: Erroneous references to a debriefing or ongoing discussions with the agency will not extend GAO’s filing deadlines.
  5. File Early (Not at 5:29): Waiting until the last minute is risky. GAO’s Electronic Protest Docketing System closes at 5:30 p.m. Eastern sharp.

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