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Apparent solicitation improprieties
Under timeliness rules (4 CFR 21.2), protests based on alleged solicitation improprieties that are apparent before bid opening or the time set for receipt of proposals generally must be filed before that deadline. Other protest grounds ordinarily must be filed within ten days after the protester knew or should have known the basis for protest — subject to separate required- rules that can extend that clock. Before building a post-award theory, inventory each potential ground with the date it became (or should have become) apparent, and flag patent solicitation defects separately from evaluation or award grounds. Internal investigation, management review, or continued agency appeal does not automatically stop GAO’s clock.
Watch for
Don’t treat submission as a reservation of every possible objection. If a defect was patent on the face of the , the protest ground may already be gone — counsel must confirm before leadership builds on it. Blue & Gold Fleet and related waiver doctrine reinforce that competitors cannot sit on patent solicitation errors and raise them only after award.