Think Tank, Inc. (1305M425Q0029)

B-423427.2 Jul 25, 2025 Jump To VIEW DECISION DOWNLOADS RELATED PAGES GAO CONTACTS Highlights Think Tank, Inc., of Silver Spring, Maryland, requests reconsideration of our decision dismissing its protest concerning request for quotations No. 1305M425Q0029, issued by the Department of Commerce, National Oceanic and Atmospheric Administration (NOAA) for information technology support services. Think Tank's protest challenged various aspects of the agency's evaluation of Think Tank's and the awardee's quotations. We dismissed the protest because Think Tank failed to file comments on the agency report within the time period required by our Bid Protest Regulations, 4 C.F.R. § 21.3(i). We deny the request for reconsideration in part and dismiss it in part. View Decision DOCUMENT FOR PUBLIC RELEASE The decision issued on the date below was subject to a GAO Protective Order. This redacted version has been approved for public release. Decision Matter of: Think Tank, Inc. File: B-423427.2 Date: July 25,2025 Wanda Sanchez Day, Esq., Wanda Sanchez Day Attorney At Law, for the requester. Jillian Stern, Esq., Department of Commerce, for the agency. Michael P. Price, Esq., and John Sorrenti, Esq., Office of the General Counsel, GAO, participated in the preparation of the decision. DIGEST Request for reconsideration of our decision dismissing underlying protest for protester's failure to timely file comments is denied where the requester does not demonstrate our decision contained a material error of fact or law and otherwise does not present new information not previously considered by our Office that would warrant reversing the decision. DECISION Think Tank, Inc., of Silver Spring, Maryland, requests reconsideration of our decision dismissing its protest concerning request for quotations No. 1305M425Q0029, issued by the Department of Commerce, National Oceanic and Atmospheric Administration (NOAA) for information technology support services. Think Tank's protest challenged various aspects of the agency's evaluation of Think Tank's and the awardee's quotations. We dismissed the protest because Think Tank failed to file comments on the agency report within the time period required by our Bid Protest Regulations, 4 C.F.R. § 21.3(i). We deny the request for reconsideration in part and dismiss it in part. Think Tank filed its protest with our Office on March 29, 2025. Think Tank, Inc., B‑423427, May 23, 2025 (unpublished decision). At the time it filed its protest, Think Tank was not represented by counsel; however, the record demonstrates that our Office subsequently issued a protective order, and the protester retained counsel who was admitted to the protective order on April 18. Id.; Electronic Protest Docketing System (EPDS) (Dkt.) Nos. 12, 21. In accordance with our regulations and as conveyed in our April 1 acknowledgment letter to the parties, NOAA was required to submit an agency report no later than April 30. 4 C.F.R. § 21.3(c). The agency timely filed its report on April 30--protester's counsel, who was admitted to the protective order, thus had access to the complete agency report including exhibits as of this date. Dkt. Nos. 33, 34. Therefore, at that time, protester's comments on the agency report were due 10 days after April 30 absent an extension granted by our Office. 4 C.F.R. § 21.3(i)(1). After the filing of the agency report, counsel for Think Tank made multiple requests to release outside the protective order certain documents from the agency report. Think Tank's counsel wanted to share these documents with Think Tank's chief executive officer to facilitate the protester's response to the agency's arguments. Think Tank, Inc., supra at 2. By May 8, our Office responded to those requests, and, in a posting to EPDS, advised the protester that the deadline for the filing of comments on the agency report was extended to May 16.[1] Dkt. No. 47. This extension gave the protester an additional 8 days to respond to the agency report, for a total of 16 days from the date which the agency report was filed and when protester's counsel first had access to it.[2] Think Tank's comments on the agency report were posted to EPDS after 5:30 p.m. Eastern Time on May 16. Dkt. No. 52. Our Office subsequently dismissed Think Tank's protest. See Think Tank, Inc., supra at 3. In the decision, we explained that the filing deadlines established by our regulations enable us to comply with the Competition in Contracting Act of 1984 (CICA)'s mandate that we resolve protests expeditiously. See id. at 2. In this regard, we explained that in accordance with our regulations, a protester is required to file comments on the agency's report responding to the protest, and that in order to avoid delay in the resolution of protests, a protester's failure to file comments within 10 calendar days “shall” result in dismissal of the protest except where GAO has granted an extension or established a shorter period.