The protester had problems filing its comments with GAO’s EPDS. The protester emailed its comments right before the deadline and then uploaded the comments 10 minutes after the deadline. GAO rejected the emailed comments as improperly filed, rejected the electronically-filed comments as late, and then dismissed for lack of comments.
Optimo Information Technology, LLC, GAO B-419955.258
- Comments on the Agency Report – Comments on the agency were due at 5:30 pm on May 22. That day, the protester attempted to access GAO’ EPDS system at 5:20 pm. The system took a long time to load. So shortly before 5:30, the protester emailed its comments to protests@gao.gov. At 5:40, the protester uploaded its comments to EPDS.
- Emailed Comments Were Not Acceptable – GAO refused to accept the emailed comments. GAO allows for an alternative method of filing if the EPDS is unavailable. The protester, however had not shown EPDS was unavailable. To the extent the protester had problems loading EPDS, it had not demonstrated the problems were due to a technical failure on GAO’s end.
- Electronically Filed Comments Were Untimely – A document is filed on a particular day when it is received by EPDS by 5:30 The protester didn’t file its comments with EPDS until 5:40 on May 22. The comments were not filed on time. GAO’s rules require dismissal of a protest where comments are late.
The protester is represented by Eden Brown Gaines of Brown Gaines, LLC. The agency is represented by Karyne C. Akhtar of the Department of Health and Human Services. GAO attorneys Lucas Della Ventura, Raymond Richards, and Glenn G. Wolcott participated in the decision.
–Case summary by Craig LaChance, Senior Editor
