In Wright Brothers Aero, Inc., B-423326.2 (July 7, 2025), Wright Brothers Aero protested the Defense Logistics Agency’s (DLA) reaffirmation of a contract award for aircraft refueling services to Premier Jet Services, arguing that the agency failed to reasonably implement corrective action and improperly evaluated proposals. But GAO dismissed the protest as untimely, finding that Wright Brothers waited too long after learning about DLA’s award decision.
The Decision
GAO dismissed the protest, ruling that:
- GAO Applies the 10-Day Rule Rigidly: Wright Brothers learned on April 15 that the agency had reaffirmed award to Premier. That triggered a 10-calendar-day deadline, making April 25 the latest day to file a protest. Wright Brothers waited until May 25—a full 40 days—rendering the protest untimely.
- Waiting for More Details Doesn’t Stop the Clock: Wright Brothers claimed it didn’t receive a “formal notice” of award and wanted more detail before filing its protest. GAO rejected that argument, reiterating that protesters must act once they know or should know the basis for protest—not once they have “perfect knowledge.”
- Late Debriefing Requests Don’t Save You: Wright Brothers also argued that the protest should be timely because it requested—but did not receive—a debriefing. But GAO noted that Wright Brothers’ request wasn’t submitted until April 28, well after the 3-day deadline under FAR 15.506. As such, GAO held that the debriefing exception to its timeliness rules did not apply and that the protest clock instead ran from April 15.
Key Takeaways for Contractors
- Timeliness Rules Are Strict and Final: GAO won’t bend its deadlines, even if the agency’s communication is vague. If you suspect you have a basis of protest, play it safe and file a protest within 10 days.
- No “Perfect Knowledge” Requirement: You don’t need every detail to file a protest. Once you know who won and why, the 10-day clock begins ticking.
- Debriefing Requests Must Be Timely: To invoke the required debriefing exception to timeliness rules set by GAO, your request must be within 3 calendar days of notice of award—or you lose the benefit.
- Don’t Wait for Agency “Follow-Up”: If the agency says it needs to “check with legal” or will “get back to you,” don’t assume that pauses the clock. GAO will say you waited too long.
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