SPEAK NOW OR FOREVER HOLD YOUR PROTEST: EXAMINING THE DIVERGENT TIMELINESS RULES FOR SOLICITATION PROTESTS AT THE GAO AND THE COURT OF FEDERAL CLAIMS.

TABLE OF CONTENTS I. Introduction 314 II. Background on Protest Timeliness Rules and Communications Regarding the Terms of a Solicitation 315 A. Timeliness Rules at the GAO and the Court [...]
A potential offeror that is dissatisfied with the terms of a solicitation may communicate with an agency regarding those terms prior to the close of the solicitation and request that the agency amend the terms or otherwise take action to address the potential offeror's concern. Indeed, the Federal Acquisition Regulation (FAR) expressly encourages the offeror to do so. However, by communicating with an agency regarding solicitation terms and requesting a remedy, a potential offeror may inadvertently trigger the start of the protest period at the United States Government Accountability Office (GAO) if it receives an adverse agency response. That same communication, however, may also preserve the offeror's ability to timely file a protest regarding the terms of the solicitation at the United States Court of Federal Claims, including, in certain circumstances, after award. This article examines the divergent timeliness rules at those fora.