Procurement Protests
Procurement Protests
What is a Procurement Protest?
A procurement protest is a formal challenge raised by a bidder or contractor regarding the awarding or conduct of a government contract. In federal contracting, procurement protests play an important role in ensuring fairness, transparency, and compliance with acquisition regulations.
Contractors can file procurement protests if they believe an agency violated procurement law, issued an unfair solicitation, or improperly evaluated proposals. These protests are reviewed through specific legal channels, with the most common being the Government Accountability Office (GAO), the U.S. Court of Federal Claims, or the contracting agency itself.
Types of Procurement Protests
There are three primary types of procurement protests depending on when they are filed:
Pre-Award Protests: Filed before contract award, typically challenging the terms of a solicitation (e.g., unclear requirements or restrictive competition).
Post-Award Protests: Filed after a contract has been awarded, usually contesting the evaluation or award decision.
Agency-Level Protests: Filed directly with the contracting agency for internal resolution before escalating to GAO or the courts.
The GAO protest process is often the most widely used because it offers an independent and timely review without excessive legal costs.
What is a GAO Protest?
A GAO protest is a formal complaint filed with the U.S. Government Accountability Office challenging an agency’s contract award or solicitation. The GAO acts as an independent body that reviews procurement disputes and ensures the contracting process aligns with the Federal Acquisition Regulation (FAR).
When a GAO protest is filed, the government must temporarily halt contract performance (known as a “stay”) until the issue is resolved, unless urgent national interests require continuation.
Typical reasons for filing a GAO protest include:
Flawed or biased evaluation of proposals
Inadequate consideration of small businesses
Unclear solicitation requirements
Improper award procedures
Procurement Protest Process at GAO
Filing the Protest: Must be filed within 10 days of when the basis of protest is known (or 5 days after a debriefing).
Agency Report: The agency submits a written response and documentation supporting its decision.
Contractor Comments: The protester reviews and responds to the agency’s report.
GAO Decision: GAO issues a decision within 100 calendar days of filing.
The GAO may deny, dismiss, or sustain the protest. If sustained, the agency may be required to re-evaluate proposals, amend the solicitation, or even re-compete the contract.
Why Procurement Protests Matter
Procurement protests protect the integrity of the federal contracting system by holding agencies accountable to fair and lawful acquisition practices. They also provide a legal remedy for contractors who believe they’ve been treated unfairly during the procurement process.
For businesses, understanding how and when to file a protest can be crucial to protecting their interests—especially for large, competitive contracts.
Conclusion
A procurement protest is not just a dispute, it’s a safeguard for fairness in the federal contracting process. Understanding how GAO protests work, what triggers them, and how to respond effectively can make the difference between winning and losing critical government contracts.
By combining compliance discipline with smart tools like GovDash, contractors can minimize protest risks and navigate the procurement process with confidence.
FAQs About Procurement Protests and GAO Protests
1. What is a procurement protest?
A procurement protest is a formal complaint raised by a contractor or bidder questioning the fairness or legality of a federal contract solicitation or award.
2. What is a GAO protest?
A GAO protest is a procurement protest filed with the Government Accountability Office, which independently reviews whether a federal agency acted properly in awarding or soliciting a contract.
3. When can a contractor file a procurement protest?
Contractors can file pre-award or post-award protests, typically within 10 days of knowing the basis of the protest or within 5 days after a required debriefing.
4. What happens when a GAO protest is filed?
The agency must stop contract performance while GAO reviews the protest. GAO then issues a decision—usually within 100 days—either denying, dismissing, or sustaining the protest.
5. How can GovDash help reduce protest risks?
GovDash helps contractors maintain organized, compliant, and well-documented proposals, reducing errors that commonly lead to procurement protests or evaluation challenges.