Chaedrol GAO Protest Log 20241010: FD Inc. (B-422920; B-422920.2)

You should not care.

Category: Timeliness

Date: October 4, 2024

URL: GAO Decision

FD Inc., a small business based in South Korea, protested the award of a purchase order to LK Tech Co., Ltd. by Army under an RFQ for fuel tank servicing at Kunsan Air Base. FD argued that LK Tech's quote should have been evaluated as technically unacceptable because of a failure to meet prior experience requirements. The agency dismissed FD’s protest as untimely, which FD filed more than ten days after the award notice was posted on SAM.gov.

FD attempted to rely on its receipt of a debriefing to begin the ten-day protest clock, arguing that the Army provided a postaward letter resembling a debriefing under FAR Part 15. However, the procurement was conducted under FAR Part 13, where a formal debriefing is not required. GAO ruled that FD had constructive notice of the award via the SAM.gov posting, and the agency’s post-award letter did not trigger the exception for required debriefings under FAR Part 15. Therefore, the protest was dismissed as untimely.

The protest was dismissed, reiterating the importance of understanding procurement regulations and adhering strictly to timeliness rules.

Digest

Protest filed subsequent to a post-award brief explanation but more than 10 days after the basis of protest was or should have been known is untimely where a procurement for commercial items using the simplified acquisition procedures of Federal Acquisition Regulation part 13 is not a procurement involving a required debriefing, and, thus, the debriefing exception to our timeliness rules does not apply.