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GAO’s recent dismissal of the protest filed by Worrell Contracting Company highlights several important lessons for government contractors.  Worrell Contracting Company, Inc., B‑423208, Jan. 22, 2025, involved a procurement conducted by the Department of Veterans Affairs.  The agency had set the proposal submission date as 8:00 a.m. Eastern Time on September 27.  However, approximately 8 hours before the proposal submission deadline—at 11:39 p.m. on September 26, the agency issued an amendment that was posted to SAM.gov.  The amendment provided a revised price schedule and also extended the proposal submission due date to September 30.  Worrell apparently did not notice the SAM.gov posting and proceeded to submit its proposal by the initial September 27 due date.  Worrell’s submission failed to acknowledge the amendment, as required by the solicitation.  The VA eliminated Worrell’s proposal and made award to another offeror.  Worrell protested its elimination on December 2—more than a month after the proposal due date had passed—primarily arguing that the award was improper “because the late posting of the amendment caused an unfair disadvantage and impacted the fairness of the procurement process.”  Worrell further argued that “the timing of the amendment did not allow for proper or effective notice to all offerors, which is violation of fair competition principles and section 15.203 of the FAR.” 

            GAO dismissed the protest as an untimely challenge to the terms of the solicitation.  As an initial matter, GAO stressed the longstanding rule that postings to SAM.gov, which is the official government-wide point of entry, provide offerors with constructive notice of information posted therein.  Therefore, regardless of whether Worrell had actual notice of the amendment, it was charged with constructive notice.  Having received notice of the amendment, Worrell was obligated by the terms of the solicitation to acknowledge it; Worrell’s failure to do so rendered its proposal unacceptable.  Moreover, Worrell’s argument that the amendment was issued too close in time to the proposal due date plainly pertained to the terms of the solicitation and needed to be filed prior to the solicitation closing date and time.   

Finally, GAO acknowledged that there are some situations where a company truly does not have sufficient time to protest solicitation terms prior to the next due date for receipt of proposals.  These cases generally involve situations where the company has only a few hours between receiving notice of its basis of protest and the solicitation closing deadline.  However, GAO found that was not the case here, since the amendment extended the solicitation closing date by three days, which, according to GAO, constituted sufficient time to protest Worrell’s complaints.  As a result, GAO dismissed the protest as an untimely challenge to the terms of the solicitation.

The Worrell Contracting Company decision provides several important reminders to companies doing business with the government:

  • Companies are charged with constructive notice of SAM.gov postings; therefore, you should regularly monitor SAM.gov for updates in procurements of interest.

Challenges to the terms of a solicitation (or the ground rules of a procurement) need to be protested before the solicitation closing date and time.  In the event that a solicitation flaw arises with insufficient time to file a protest before the closing, contact your protest counsel immediately to strategize regarding your options.  Do not sit on your rights and await notice of award before filing a protest.