What Is a Bid Protest?

Bid Protest

A bid protest is a challenge to the government’s proposed contract award for the procurement of goods and services, or a challenge to the terms of a solicitation for such a contract. A bid protest at the federal level is typically heard at the Government Accountability Office (GAO) but can also be directed to the procuring federal agency, and in certain instances, to the Court of Federal Claims (COFC). Since there are strict timelines for filing a bid protest, it is imperative to consult with counsel. See 4 C.F.R. § 21.2; see also Bid Protests At GAO: A Descriptive Guide (Ninth Edition, 2009). A bid protest is further described at Federal Acquisition Regulation (FAR) 33.103; 33.104; and 33.105.

As forecasted, to retain your rights to contest the government’s contract award determination, or solicitation term/s, you must file a timely bid protest. With few exceptions, a protest challenging the terms of a solicitation, otherwise known as a pre-award bid protest, must be filed before the time for receipt of initial proposals, or quotes. A protest challenging the award of a contract award, known as a post-award bid protest, must be filed within 10 days of when a protester (i.e., an offeror not selected for award) knows or should have known of the basis of the protest. Slightly nuanced rules apply if the protester timely requests and thus receives a required debriefing. See FAR 15.506; see also 16.505. In those cases, an offeror has 5 days post-debriefing to file a bid protest so to obtain an automatic stay of contract performance. 

Bid protests are one of the few avenues available to contest a government procurement decision. Due to the often difficult substantive and procedural issues associated with the bid protest process, it requires specific expertise. 

The Winston Team has extensive bid protest experience from all parties’ perspectives and utilizes that knowledge and expertise to realize unparalleled results for its clients. Learn more about the team here.