A protester can email a protest filing if they’re unable to use GAO’s EPDS due to a technical failure. But this technical failure only goes one way. The failure has to be with the EPDS itself. A protester can’t file by email if the technical failure occurs on their end.
Optimo Information Technology, LLC–Reconsideration, GAO B-419956.351
- Untimely Agency Report – GAO dismissed a protest due to late-filed comments. The protester requested reconsideration. The protester argued the agency hadn’t considered the agency’ untimely agency report. GAO noted the agency filed its report four days late. But the protester hadn’t been prejudiced by the late filing; it still had ten days to repond to the report.
- EPDS Issues – GAO’s EPDS instructions state that if a filer is unable to file a document due to a technical failure, it can file by email. The protester argued GAO had misapplied these instructions. The protester had a technical failure while trying to file. The protester reasoned it should’ve been allowed to email its comments. GAO, however, reasoned an email filing is only permissible when EPDS experiences a technical failure. A technical failure on the filer’s end does not allow an emailed filing.
The protester is represented by Eden Brwon Gaines of Brown Gaines, LLC. The agency is represented by Karyne C. Akhtar, Krystal Jordan, and Kevin Misener of the Department of Health and Human Services, GAO attorneys Anh-Thi H. Le and Evan D. Wesser participated in the decision.
–Case summary by Craig LaChance, Senior Editor
