The Silent No: Initial Adverse Agency Action Can Simply Be No Action at All

Coming on the heels of a decision presenting two timeliness reminders, which we addressed in “GAO Presents a Study in Timeliness Traps,” the GAO once again issued a decision last week presenting a third timeliness trap of which protesters must be wary.  In MLS-Multinational Logistics Services, Ltd., B-415782; B-415708.2, March 7, 2018, ___ CPD ¶ ___, the GAO dismissed a protester’s challenge to the terms of two solicitations where the protester did not file a protest at the GAO within 10 days of initial adverse agency action on an agency-level protest.  The “trap” came down when the initial adverse agency action came not with a direct response to the agency-level protest but with mere silence.