The speedy and economical nature of litigation before the GAO stands in stark contrast to the "complex, slow, expensive, inefficient, processing-oriented system" (10) that is in place at the boards of contract appeals.
Third, the case load statistics for the GAO and the ASBCA will be reviewed.
21) The GAO recognizes relatively few exceptions to its timeliness rule, and these exceptions have high substantive thresholds, making their successful use a rare occurrence.
25) Prior to the passage of the CICA, a major deficiency in the bid protest process was the amount of time that elapsed before the GAO was able to resolve a protest.
36) The GAO has expressly recognized its obligation to adhere to the stringent bid protest timelines established by Congress:
40) The calculation of time periods during the bid protest process is subject to three conditions: (1) the day upon which a triggering event takes place is excluded; (2) if the final day for timeliness purposes is a Saturday, Sunday, or federal holiday, then the deadline is extended to the next day that is not one of the aforementioned days; and (3) if the GAO is closed on the day when a filing is due, the deadline for submission becomes the day that the GAO re-opens.
As a general rule, a protest that alleges a defect in a solicitation must be filed with the GAO prior to the deadline for the opening of bids, or before the deadline for the submission of initial proposals, if the defect is apparent on its face.
2(a)(1) must raise the issue with the GAO within ten days of the date that the protester became aware of or should have become aware of the issue, whichever state of knowledge occurs earlier.
60) An untimely agency-level protest that is filed later with the GAO will also be considered untimely.
67) The GAO will not apply the novel or significant issue exception in cases where the applicable law is settled and the GAO's decision "would be limited to the facts of that particular case and of primary interest only to the parties involved.
Timeliness Provisions Impacting Post-Filing Litigation at the GAO
In addition to strictly adhering to its rules on the timely filing of bid protests, the GAO also vigorously enforces its rules on the timely litigation of bid protests.
Following receipt of telephonic notification from the GAO that it received a bid protest against a particular procurement, the procuring agency has thirty days to submit an agency report to the GAO.
81) In the absence of contrary notice from the protester, the GAO will assume that the protester received the agency report on the date that it was due.