It is not unusual to have questions regarding a procurement. However, when those questions concern possible improprieties in the solicitation, a contractor must address such questions in a timely manner or risk losing the right to challenge the possible improprieties. If a contractor is unable to resolve the issue directly with the agency, the contractor’s only path for resolution is filing a protest.
The deadline for filing a protest with the GAO or at the agency level regarding solicitation improprieties depends on when the impropriety became apparent. If the impropriety was apparent prior to initial proposal submissions, the protest must be filed prior to such time. A protest that alleges a defect that was not apparent on the face of the solicitation must be filed not later than 10 days after the defect became apparent. If the grounds for the protest arise out of an agency’s evaluation of proposals or award of a contract, then the protest must be filed within 10 calendar days after the date the contractor first learned of the agency’s adverse action.
The following are some examples of common improprieties:
1. The specifications are unduly restrictive and don’t allow a company to bid.
2. The specifications are ambiguous, preventing a company from determining what the agency really needs.
3. The evaluation plan is unclear, preventing a company from understanding how the offeror will be selected for award.
It should be noted that a protester may be able to challenge the impropriety by filing suit in the Court of Federal Claims, even if the issue has been rejected by the GAO.
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