Timeliness Traps: Adverse Action Before Receipt of a Written Agency-Level Protest Decision

In the right circumstances, an agency-level protest can be a quick and efficient way to address certain procurement errors, as we discussed a few years ago. One downside of agency‑level protests, however, is their potential for creating doubt or confusion about the deadline for filing a follow-on protest with the Government Accountability Office (GAO). Under atypical facts, even sophisticated parties can miscalculate the GAO’s deceptively simple filing deadline (10 calendar days after adverse action on one’s agency-level protest).

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