GAO bid protest deadlines: the 10-day rule, the 100-day decision and the automatic stay
If you lose a federal bid you think was scored wrong, or spot a defect in a solicitation, the Government Accountability Office (GAO) protest process is one option. It is strict about timing, and missing a deadline usually ends the protest before anyone looks at the merits.
- Problems apparent in the solicitation must be protested before bid opening or the proposal due time.
- Most other protests are due within 10 days after you knew, or should have known, the basis.
- For a required debriefing that you requested, file within 10 days after the debriefing, not before the debriefing date offered.
- GAO must decide within 100 days (65 days under the express option).
Solicitation defects: before bid opening
Under 4 CFR 21.2, GAO bid protest time for filing, protests "based upon alleged improprieties in a solicitation which are apparent prior to bid opening or the time set for receipt of initial proposals shall be filed prior to bid opening or the time set for receipt of initial proposals." Read the solicitation early. A spec you think is unduly restrictive can't wait until after you lose.
Everything else: 10 days
Other protests "shall be filed not later than 10 days after the basis of protest is known or should have been known (whichever is earlier)." For negotiated procurements where a debriefing is requested and required, grounds known before or from the debriefing must be filed no earlier than the debriefing date offered and no later than 10 days after the debriefing is held. If you first protested to the agency, a GAO protest is due within 10 days of knowing of the agency's initial adverse action.
How long GAO takes
4 CFR 21.9, time for decision by GAO says GAO "shall issue a decision on a protest within 100 days after it is filed," or within 65 days under the express option.
The stay that makes timing matter
Under 31 U.S.C. 3553, review of protests; effect on contracts pending decision, an agency that receives notice of a protest before award generally can't award while the protest is pending. After award, performance is suspended if the agency gets notice within the later of 10 days after award or 5 days after a required debriefing date offered. The head of the procuring activity can override in limited cases with a written finding. Miss that window and the winner may keep working while you protest.
Estimator checklist
- Log the bid opening or proposal due date and time.
- Request a debriefing promptly when one is available.
- Calendar day 5 and day 10 after award and after the debriefing.
- Keep your bid, amendments and correspondence organized. See FAR 36.213 sealed bidding and notices.
General information for estimators, not legal advice. Check the current regulation and your solicitation, or ask a government contracts attorney.
Published October 30, 2026. We do not use affiliate links on this page; see our Affiliate Disclosure.