Bid Protests
Federal Government Contract Lawyers - Bid Protests
Government contract attorneys are ready to assist on an emergency basis. We have experience with bid protests at the GAO and Court of Federal Claims. Timing is important. A protest challenging the solicitation’s terms or evaluation criteria, cancellation of the solicitation, or proposed contract award. (GAO Bid Protest Regulations, www.gao.gov/legal/bids/bibreg.html) The contractor also has the option of filing a Complaint at the Court of Federal Claims for injunction and declaratory relief.
Agency Protest
Instead of filing a GAO bid protest, a contractor may file an “agency protest” with the Contracting Officer. (FAR 33.103). Each federal agency has their own internal procedures for handling agency level protests. If you are unable to resolve your dispute by agency protest this may foreclose the possibility of achieving an automatic stay of performance of the awarded contract upon the filing of a GAO protest. (4 C.F.R. §21.2(a)(3)).
GAO Bid Protests
If the solicitation unfairly limits competition, a contractor may file a pre-award bid protest. This protest must be filed before the bid opening date or the date for receipt of initial proposals in negotiate procurements. Examples of improprieties apparent before bid opening include:
- The solicitation unduly restricts competition
- The solicitation specification favors a particular supplier or manufacturer’s product
- The evaluation criteria is unclear
Improprieties apparent after bid opening must be filed within ten (10) days after the bidder first became aware of "adverse agency action." Examples of "adverse agency action" include:
- The Government did not follow the evaluation criteria when awarding a contract
- The Government wrongly rejected a bid or proposal as nonresponsive
- The Government improperly cancelled a solicitation
- The Government failed to conduct meaningful discussions
- Improper technical evaluations
- Unsupported trade-off decisions
- Conflict of interest
- Unduly restrictive solicitations
- Improper best value determinations
Debriefing
If your contract was awarded under FAR Part 15, Negotiated Procurement, you are entitled to a debriefing under FAR 15.506. You must ask for a post-award debriefing within three days of the award date. This is an opportunity to understand the Government’s award decision and determine if there you have reasonable grounds to protest.
Contact Us if You Have Possible Protest
Contact us for a complimentary prognosis of your possible protest. A Government contract attorney will be available to immediately discuss your case.
