Protest is dismissed as untimely. The agency posted notice of award to SAM.gov. The protester did not receive actual notice of award until it learned of the award several days later from social media. The posting of the award notice on SAM.gov, however, constituted constructive notice of award. The protest should have been filed within 10 days of the constructive, not actual, notice.
The Army Corps of Engineers awarded a construction contract to Phillips & Jordan. The Coprs posted notice of award to SAM.gov on September 28. Another company, Kolb Grading, learned of the award on October 7 from social media. The Corps claimed it never received a proposal from Kolb.
Kolb filed a protest on October 21, alleging that it had submitted a timely proposal.
But GAO found the protest was untimely. Publication on SAM.gov has been designated by statute and regulations as the official medium from providing notice of contraction actions. Thus, Kolb had constructive notice of the award on September 28. It should have filed its protest within 10 days of that date. The fact that Kolb did not receive actual notice of the award until days later was irrelevant.
Kolb is represented by Jeffrey M. Chiow, Alexandria Tindall Webb, and Neil O’Donnell of Rogers Joseph O’Donnell. The intervenor, Philiips & Jordan, is represented by Sabah Petrov, Nathaniel Greeson, Patrick Quigley, and Robert H. Symon of Bradley Arant Boult Cummings LLP. The agency is represented by Deena G. Braunstein, James Zaleski, Amber Jackson, and Susan E. Symanski of the Army. GAO attorneys Mary G. Curcio and John Sorrenti participated in the preparation of the decision.