In Addx Corp., B-423633, July 23, 2025, Addx protested the Air Force’s issuance of a task order to KL3 LLC under the OASIS+ small business IDIQ contract. Addx challenged both the evaluation of its proposal and an alleged ambiguity in the solicitation, but GAO dismissed the protest as untimely, offering a clear reminder of two procedural pitfalls: (1) the risk of filing an agency-level protest instead of going straight to GAO, and (2) the requirement to raise patent ambiguities before the proposal deadline.
The Decision
- You Only Get One Shot at Timeliness: Addx received its written debriefing on May 16 and filed an agency-level protest on June 2, well beyond the 10-day deadline under FAR 33.103(e). Because the initial agency protest was untimely, GAO wouldn’t revive the protest just because Addx filed with GAO later. GAO reaffirmed that it only treats agency-level protests as tolling the clock if the agency protest itself is timely under GAO’s own rules or stricter FAR standards.
- Initial Debriefing Was Sufficient to Trigger the Protest Clock: Addx claimed it needed to wait for answers to post-debriefing questions, but GAO found the initial debriefing provided enough information to know the basis of protest, thereby triggering the 10-day clock.
- Apparent Ambiguities Must Be Protested Before Proposals Are Due: Addx also claimed the solicitation contained contradictory instructions about whether cross-referencing in proposals was allowed. GAO dismissed this claim because any ambiguity was “patent”—i.e., obvious on the face of the solicitation—and thus had to be raised before the proposal due date.
Key Takeaways for Contractors
- Think Twice Before Filing an Agency-Level Protest: While it may feel lower-stakes or faster, an agency-level protest does not preserve your GAO protest rights unless filed on time.
- Debriefing Exception Only Applies at GAO: The extended protest window tied to “required debriefings” under GAO rules does not apply to agency-level protests. Don’t assume you get more time just because you’re engaging the agency.
- Raise Ambiguities Before Submitting a Proposal: If the solicitation appears contradictory, you must file a pre-award protest. Waiting until after award will result in dismissal if the ambiguity is “patent.”
- Know When the Clock Starts: You don’t need perfect knowledge to protest, only enough information to reasonably know your basis. Once you receive that in a debriefing or notice, the clock is ticking.
- Procedural Missteps Can Sink Strong Substantive Claims: Addx may have had valid evaluation concerns, but failing to meet protest timing requirements kept GAO from even reviewing them.
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