Protester Skipped Filing Comments on the Agency Report and Instead Rested on Its Initial Pleading. It Didn’t Go Well.

GAO dismissed a protest after the protester failed to file comments. The protester requested reconsideration. It claimed that its failure file comments did not mean it had abandoned its protest. Rather, the protester claimed the protest could be decided on the initial protest filing. GAO rejected the argument, reasoning that bid protest regulations require protesters to file comments on the agency’s report.

Hawthorne Commercial Construction–Reconsideration, GAO, B-423753.3

• Background – Hawthorne Commercial Construction filed a protest challenging the evaluation of its proposal. GAO dismissed the protest after the protester failed to file mandatory comments on the agency’s report. The protester asked GAO to reconsider.
• Protester’s Argument – The protester argued that dismissal was inappropriate since it did not intend to abandon its protest. It contended that it was not necessary to reiterate arguments from the original filing and claimed that its reliance on its initial protest should suffice.
• GAO Affirms Dismissal: GAO upheld the dismissal under clear regulations stating that failure to submit comments within 10 calendar days will result in the protest being dismissed. It reiterated that such timelines are essential for the timely resolution of bid protests, emphasizing that the protest’s procedural rules are known and must be strictly followed.

The protester is represented by Peter Ianuzzi. The Department of Veterans Affairs, the government, is represented by Natica C. Neely, Esq. GAO attorneys Jungi Hong, Esq., and Peter H. Tran, Esq., participated in the decision.