The Government Accountability Office’s recent decision in Protect the Force Inc.—Reconsideration demonstrates the importance of understanding GAO’s prior case law and carefully following the rules set out in its bid protest regulations.
In the September 30, 2015 decision, GAO denied a request for reconsideration by Protect the Force, Inc. (PTF) finding that, though PTF filed within 10 days of a required debrief, its protest was untimely because PTF did not file within 10 days of an alleged solicitation impropriety on which its protest was based.
On July 27, 2015, after the submission of final proposal revisions, the U.S. Army notified offerors it was amending the maximum dollar amount for a line item in the request for proposal (RFP). The Army declined, however, to provide offerors with an opportunity to submit revised proposals in response to this amendment. Two days later, the agency notified PTF that it was eliminated from the competition. PTF timely requested a debriefing, which the agency provided on August 5, 2015. Five days after the debriefing, PTF filed a bid protest at the GAO challenging the agency’s amendment to the RFP. To recap the timeline of PTF’s protest: PTF filed 14 days after the agency amended the RFP, 12 days after PTF was eliminated, and 5 days after it was provided with a required debriefing.
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