Bid Protests: Challenging Government Contract Awards

What Is a Bid Protest?

A bid protest is a formal challenge to the terms of a government solicitation or to the award or proposed award of a federal contract. Put simply, the bid protest definition is a legal mechanism that allows interested parties, typically bidders or offerors, to raise concerns about the procurement process and request corrective action.

Understanding what is a bid protest is critical for contractors competing in federal markets. The bid protest process ensures fairness, transparency, and compliance with procurement laws and regulations by giving contractors a voice when they believe the rules have not been followed.

Why Bid Protests Matter in Federal Contracting

Under the Federal Acquisition Regulation (FAR), any interested party who is or could be prejudiced by procurement improprieties may file a bid protest federal contract challenge. Protests can contest solicitation terms, allege violations of procurement law, or challenge an agency’s evaluation and award decision.

These challenges serve as a check on contracting officers and uphold the integrity of the government’s source selection process. Without the ability to protest, contractors would have little recourse when faced with unfair treatment or misapplied evaluation criteria.

Forums for Filing a Bid Protest

There are three primary forums where a contractor may initiate the bid protest process:

• Agency Protest
  Filed directly with the contracting agency, this is often the quickest way to seek relief. Agencies may resolve protests internally, offer corrective action, or provide additional debriefings.
  
  

• GAO Bid Protest
  The Government Accountability Office (GAO) provides an impartial forum for resolving protests. While GAO decisions are technically recommendations, agencies overwhelmingly comply. A GAO bid protest is popular because it is relatively inexpensive, fast, and may result in an automatic stay of contract performance.
  
  

• Court of Federal Claims (COFC)
  The U.S. Court of Federal Claims hears protest cases under its bid protest jurisdiction. COFC decisions are binding and appealable to the Federal Circuit. While this option provides greater discovery and appeal rights, it involves more formal litigation and higher costs.

Grounds and Types of Bid Protests

Bid protests generally fall into two categories, each with distinct grounds for filing:

• Pre-Award Protests
  Filed before contract award, these protests challenge solicitation terms. Common bid protest examples include:
  
  

  • Unduly restrictive or ambiguous specifications.

  • Improper use of sole-source or brand-name requirements.

  • Failure to reserve work for small businesses when required.

• Post-Award Protests
  Filed after contract award, these protests contest the evaluation or award decision. Typical bid protest examples include:
  
  

  • Unequal treatment of offerors.

  • Flawed technical or cost evaluations.

  • Unreasonable past performance assessments.

  • Organizational conflicts of interest.

  • Agency bias, bad faith, or failure to follow evaluation criteria.

Both types require protesters to demonstrate that errors prejudiced their competitive position. Minor mistakes that did not affect the outcome will not sustain a protest.

The Bid Protest Timeline and Deadlines

A key part of how to file a bid protest is understanding strict filing deadlines. The bid protest timeline varies depending on the forum:

• Agency Protests
  Must generally be filed before bid opening or proposal submission for pre-award issues, or within 10 days of when the protest grounds are known (or should have been known) for post-award matters.
  
  

• GAO Bid Protests
  
  

  • Pre-award protests: must be filed before the proposal due date.

  • Post-award protests: must be filed within 10 days of knowledge of the basis for protest, or within 5 days after a required debriefing.
    Filing within these windows may trigger an automatic stay of performance.
    
    

• Court of Federal Claims
  COFC has no strict filing deadline other than the statute of limitations, but timeliness is still critical. Judges weigh whether a delay would prejudice the government’s interests when considering injunctive relief.
  
  

Missing these deadlines can waive a contractor’s protest rights, making timeline management one of the most critical aspects of the bid protest process.

Bid Protest vs Claim: Key Differences

It is essential to distinguish between bid protest and claim in federal procurement.

• A bid protest challenges solicitation terms, evaluation, or award decisions under procurement law.

• A claim, under the Contract Disputes Act, is a request for relief under an existing contract, such as seeking payment for additional work or time extensions.
  
  

Both are legal remedies, but serve different purposes in the federal contracting lifecycle.

How to File a Bid Protest

Knowing how to file a bid protest correctly improves the chances of success. A valid protest should include:

• A detailed statement of factual and legal grounds.

• Identification of procurement law violations or deviations from stated criteria.

• I'd appreciate it if you could describe the relief you've taken, such as re-evaluation or corrective action.

• Supporting documentation, including relevant sections of the solicitation, correspondence, and past performance records.

At GAO and COFC, contractors must serve copies of the protest on both the contracting agency and the awardee. Agencies and intervenors will respond, and the deciding body will conduct a federal procurement evaluation of the record to determine whether the agency acted reasonably and lawfully.

Tips for Contractors Considering a Bid Protest

• Request a debriefing: Use it to gather insights into evaluation criteria and performance.
  
  

• Act quickly: The bid protest timeline is unforgiving. Engage counsel early.
  
  

• Analyze the record: Scrutinize solicitation terms, agency communications, and scoring sheets.
  
  

• Assess viability: Consider whether the alleged error materially impacted your competitive standing.
  
  

• Understand possible outcomes: Remedies often include re-evaluation or corrective action, not direct contract award.
  
  

• Weigh costs and relationships: Protests can delay contract execution and may affect agency relationships. Evaluate business impacts before proceeding.

Final Thoughts

The bid protest process is an essential safeguard in federal procurement, ensuring accountability and fairness in government contracting. By understanding the bid protest definition, the filing forums, grounds for action, and the bid protest timeline, contractors can better protect their interests.

Whether filing an agency protest, a GAO bid protest, or pursuing action at the Court of Federal Claims, businesses must prepare thoroughly, act quickly, and focus on material errors that affect the outcome. For vendors, protests should be viewed not only as a remedy but as part of a broader strategy to navigate the competitive federal contracting environment.