In SMS Data Products Group, Inc., B-423341, et al. (May 29, 2025), SMS Data Products Group protested a task order award to Abacus Technology Corporation for intranet control support services. While the protest raised several price and evaluation challenges, the most significant issue was timeliness—specifically, when the debriefing ended and the protest clock began ticking. Although the agency gave SMS until February 14 to submit enhanced debriefing questions, the applicable regulation only allowed two business days from the February 11 initial debriefing, making the real deadline February 13. SMS followed the agency’s stated timeline, but GAO still held that the debriefing was closed as of February 11, when it was first issued, and evaluated the protest accordingly. Thankfully, SMS filed its protest early—out of an abundance of caution—and avoided a trap that could have resulted in its entire protest being dismissed as untimely.
The Decision
GAO denied the protest, ruling that:
- Agency’s Deadline Was Wrong, But GAO Still Enforced It’s Strict Timeliness Rule: The agency incorrectly told SMS it had until February 14 to submit follow-up debriefing questions under DFARS “enhanced debriefing” rules. But DFARS 215.506-70 requires that questions be submitted within 2 business days, making the real deadline February 13. SMS submitted questions on February 14, and GAO deemed them untimely, meaning the debriefing was considered concluded on February 11, when it was first issued.
- GAO Applied Its Standard Timeliness Rules: Because SMS missed the DFARS question window, it could no longer rely on the enhanced debriefing exception. GAO therefore held that any protest had to be filed within 10 calendar days of the original debriefing date, not when the agency responded to questions or when SMS believed the debriefing was still open.
- Remaining Evaluation Challenges Denied: GAO rejected SMS’ remaining allegations, including challenges to the price realism analysis under FAR 52.222-46, the evaluation of price risk under DFARS 252.204-7024, and claims of misleading discussions. GAO found that the agency acted reasonably and in accordance with the solicitation in all substantive respects.
Key Takeaways for Contractors
- Watch the Regulatory Clock, Not the Contracting Officer’s Clock: Even if the agency gives you a longer deadline, GAO will hold you to the regulatory timeframe. So make sure your team knows the DFARS timeliness rules: 2 business days for follow-up questions under an enhanced debriefing.
- When in Doubt, File Early: SMS used the agency’s own deadline and could have been burned. If there’s any uncertainty, it’s safer to file within 10 days of the initial debriefing. In this regard, it’s better to be early than late.
- Agency Misstatements Don’t Extend the Deadline: GAO won’t excuse late filings just because the agency’s instructions were incorrect. The regulation controls, not the contracting officer’s email.
- Enhanced Debriefings Only Help If Used Correctly: To extend your debriefing (and the protest deadline), you must submit timely written questions. Miss the window, and you lose the benefit.
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