GAO Decision Reminds Protesters They Cannot Delay Filing Until “Perfect Knowledge” of Protest Grounds
A recent GAO protest decision, Wright Brothers Aero, Inc., B-423326.2, July 7, 2025, provides contractors with a helpful reminder of the risks posed by delaying a protest, even if the contractor believes that they do not “definitively” know of a basis for protest. GAO’s Bid Protest Regulations contain strict rules regarding timeliness, and disappointed offerors cannot safely wait until they have all the relevant information to lodge a protest.
On June 13, 2024, the Defense Logistics Agency (DLA) issued a solicitation for jet fuel using FAR Parts 12 & 15 procedures. The procurement was conducted on a lowest-price, technically acceptable (LPTA) basis. On February 4, 2025, DLA awarded the contract to Premier Jet Services, noting that only two proposals were received—one from Premier, and one from Wright Brothers. Wright Brothers received a written debriefing on February 6, confirming that although its proposal was technically acceptable, it did not offer the lowest total price.
Wright Brothers filed a protest on February 11, challenging DLA’s evaluation of proposals. In response, DLA took corrective action—reevaluating proposals and potentially reopening discussions. GAO accordingly dismissed Wright Brothers’ initial protest as academic.
On April 15, after receiving an inquiry from Wright Brothers, DLA informed Wright Brothers that the corrective action was complete, and the contract had again been awarded to Premier. When Wright Brothers asked for further details regarding the contract award, the contracting officer stated only that the award remained the same as before and deferred further communication until she could speak with DLA’s legal advisors. On April 28, Wright Brothers followed up again, requesting a debriefing “since there should have been a corrective action.” The contracting officer replied that she would forward the request to legal counsel. No further communication was provided by DLA.
Wright Brothers ultimately filed a second protest on May 25, 2025, complaining of lack of information and transparency and a breakdown of communications. DLA moved to dismiss the protest as untimely. Wright Brothers contended that it appropriately “delayed submitting a protest because the firm was waiting (1) for the contracting officer to respond to its emails requesting more details about the award,” and so it did not have a “definitive basis to protest,” and “(2) [for] a debriefing from the agency.”
GAO dismissed the protest as untimely, concluding that Wright Brothers had all the pertinent information by April 15. The February 4 award notice had identified Premier as the awardee, disclosed the contract price, and stated that only two proposals were received. The April 15 emails confirmed that the award had been reaffirmed to the same awardee (Premier) and that no new proposals were requested—indicating the same evaluation and pricing applied. GAO reiterated that a protester does not need perfect knowledge to file a protest, and that the general rule under its Bid Protest Regulations is that a protest must be filed within 10 calendar days of when the protester knew or should have known of the basis for protest. Since Wright Brothers waited until May 25—well beyond the April 25 deadline to file a protest—GAO concluded that the protest was untimely and dismissed it.
GAO also rejected Wright Brothers’ argument that its protest was timely because DLA had not provided a debriefing. Under FAR 15.506 and GAO’s rules, a debriefing is only required if the protester submits a written request within 3 days of receiving notice of award. Wright Brothers did not request a debriefing until April 28, which was 13 days after the agency notified them on April 15 that the contract had been re-awarded to Premier. Because the debriefing request was untimely, it did not qualify for the “required debriefing” exception to GAO’s 10-day protest filing rule.
GAO’s full opinion can be accessed here; please reach out to Ward & Berry for assistance with your bid protest needs!