GAO’s recent decision in Think Tank, Inc., serves as a critical warning for contractors and their counsel regarding the unforgiving nature of GAO filing deadlines. The decision highlights the potentially fatal consequence of missing even a minute on GAO’s filing calendar.

This case began with Think Tank, Inc. protesting a procurement by the Department of Commerce. Initially, Think Tank was not represented by counsel, but after GAO issued a protective order, the protester retained counsel, who was admitted to the protective order and gained access to the complete agency report—including all exhibits—when it was filed on April 30, 2025. Under GAO regulations, comments on the agency report are due ten calendar days after the report, unless GAO grants an extension. Protester’s counsel, during this period, repeatedly requested permission to share documents from the agency report with the client. On May 8, GAO granted this request and, notably, extended the deadline for comments to May 16—a longer extension than is typical.

Despite having sixteen days from the filing of the agency report to submit comments, Think Tank did not file by the required 5:30 p.m. Eastern Time cut-off on May 16; instead, its comments were submitted minutes after 5:30 p.m. GAO has made clear that submission after the 5:30 p.m. deadline, even by a single minute, is considered untimely and results in automatic dismissal.

Think Tank’s request for reconsideration tried to justify the late filing with technical issues—claiming that, despite counsel’s initial attempt to upload the document at 5:28 p.m., EPDS rejected the initial submission due to a file name error and that a password reset further delayed access. GAO found these explanations insufficient, stressing that the system had no reported problems and, critically, that Think Tank’s counsel only attempted to log in at 5:23 p.m. on the day comments were due. GAO characterized this as an “imprudent decision,” reiterating that last-minute issues caused by waiting until minutes before the deadline do not excuse untimely filing. As a result, GAO dismissed the protest without considering any of the substantive protest arguments.

This decision demonstrates GAO’s longstanding position that filing deadlines are sacrosanct. Protesters and their representatives must treat every deadline as non-negotiable; filings should be prepared and submitted enough in advance to allow for unexpected technical issues or complications.