Missing facts and missed deadlines both lead to the same place: dismissal. In this week’s Bid Protest Beat, Partner Stephanie Wilson examines a bid protest that illustrates the importance of drafting a timely, well-supported argument when challenging an agency decision.
z SofTech Solutions, Inc., B-423306.9; B-423306.16, (April 3, 2026)
NASA issued a solicitation for the Solutions for Enterprise-Wide Procurement (SEWP) VI contract, which contemplated awards to multiple offerors across three categories of requirements – designated as Categories A, B, and C. The solicitation provided for a phased submission of proposals:
- Phase 1: Offer Volume
- Phase 2: Past Performance Volume
- Phase 3: Mission Suitability Volume
Once offerors submitted under Phase 1, the agency would evaluate the proposal and notify them if they had advanced to the next phase of the solicitation or were eliminated from the competition, repeat the process for Phase 2, and make awards following review of the submissions that advanced to Phase 3. Protestor z SofTech Solutions, Inc. (z SofTech) was eliminated from two categories and filed bid protests for each.
Protesting Elimination from Category C
The agency notified z SofTech that it was eliminated from Category C on July 9, 2025, for failing to submit its Past Performance Volume in Phase 2 of the solicitation. The company filed an Agency-Level Protest on September 9, 2025, challenging the agency’s decision as unreasonable. NASA dismissed the protest as untimely on September 17, 2025, because z SofTech filed its agency-level protest more than 10 days after it was notified of its elimination from Category C and knew, or should have known, the basis for its protest. After receiving the agency’s dismissal, z Softech emailed the agency, objecting to the decision and said it planned to file a protest with the US Government Accountability Office (GAO). However, z SofTech did not file a GAO protest of its elimination from Category C until February 8, 2026.
Under GAO’s rules, if a protester first files an agency-level protest, it must file a subsequent GAO protest within 10 days of the agency’s denial of an agency-level protest. GAO dismissed z SofTech’s protest of its elimination from Category C as untimely, as it was submitted well beyond the 10-day filing window established by GAO’s Bid Protest Regulations, which commenced upon the agency’s September 17, 2025, denial of its agency-level protest.
Protesting Elimination from Category A
z SofTech was notified of its elimination from Category A on February 9, 2026, for “insufficient [contract line item numbers (CLINs)] and pricing.” The protestor filed a timely protest challenging its elimination under Category A with the GAO on February 18, 2026.
The agency requested dismissal of z SofTech’s protest of its elimination from Category A on the ground that z SofTech’s protest was factually and legally insufficient, arguing “that the protest grounds consist only of a ‘bullet list with seven general items’ that are not tied to any facts and do not challenge any actions taken by the agency.” GAO agreed with the agency and dismissed the protest, noting that while z SofTech’s protest listed several protest grounds, it failed to include any factual or legal basis in support of them. The protest was dismissed for failing to state a valid basis of protest.
GAO also noted that z SofTech filed a supplemental protest on February 23, 2026, in an attempt to submit additional support for its protest grounds and also raise new bid protest arguments. However, GAO determined that all of the information that was submitted in the supplemental filing was available to z SofTech at the time of its initial protest filing. Because there was no evidence showing the information could not have been included in a timely filed protest, GAO rejected the piecemeal presentation of evidence and determined the supplemental protest was untimely (as it was also filed beyond the 10-day protest window) and would not be considered.
What Can Government Contractors Learn From This?
z SofTech’s email to NASA that it intended to file a GAO protest after its agency-level protest of its elimination from Category C was dismissed was not a placeholder that held off the 10-day filing window – the countdown was triggered as soon as the company was notified of the agency’s dismissal of its agency-level protest. The nearly five-month late protest is an extreme example of what was discussed in our most recent edition of the Bid Protest Beat: Failing to meet the filing deadlines or other requirements outlined by GAO’s regulations can derail a protest before a protestor makes a single argument. It is critically important for protestors to be aware of and meet protest deadlines to ensure their protests are not rejected as untimely.
GAO’s dismissal of z SofTech’s protest of its elimination from Category A highlights the importance of crafting a thoughtful and well-supported argument in your initial protest filing. In addition to not providing any evidence and merely including a bulleted list of protest grounds in its filing, z SofTech also failed to address any of the reasons the agency provided as a basis for their elimination from Category C’s solicitation process.
Missing information and unsupported allegations are clear indicators that a protest is likely to be dismissed. GAO’s Bid Protest Regulations make clear that it will not fill in gaps left by incomplete bid protests – a protestor must make a clear, evidence-based argument (that is timely filed) in order for its protest to be considered.
Have questions about GAO’s bid protest deadlines and filing requirements? Contact Stephanie Wilson at swilson@berenzweiglaw.com.