The protester filed a GAO protest sixteen days after award. The protester said it only learned the basis of its protest after post-award communications with the agency. GAO dismissed, finding the protester knew the basis of the protest when the award was announced.
Beckman Coulter, Inc., GAO B-421748
- Post-Award Communications – The agency notified the protester about the award on May 3. The protester emailed the agency on May 11, asking whether the awardee complied with the solicitation. The protester spoke with the agency by phone on May 15, where it reiterated its questions about the awardee. On May 19, sixteen days after the award announcement, the protester filed a protest.
- Untimely Protest – A GAO protest must be filed 10 days after the protester knew the basis of the protest. Here, the protester alleged the awardee’s proposal was not technically acceptable. But the protester knew the awardee received award on May 3. Thus, the protester knew the agency found the awardee’s proposal acceptable on May 3. It should have filed its protest within 10 days of May 3. The protester didn't learn anything from the post-award conversations that would alter the protest deadline.
The protester is represented by Thomas M. Holl of Beckman Coulter, Inc. The agency is represented by Andrew J. Smith, Natalie W. McKiernan, Blaine L . Hutchison, Seth Ritzman, and Nhu T. Tran of the Army. GAO attorneys Cree W. Townsend, Emily R. O’Hara, and Peter H. Tran participated in the decision.
--Case summary by Craig LaChance, Senior Editor