You should make an immediate written request for a debriefing. In a debriefing under FAR Part 15, you are entitled to a debriefing, if the agency receives your request "within 3 days after the date on which that offeror has received notification of contract award." (For pre-award debriefings, see FAR 15.505)

There are numerous matters which can be protested, but protests usually concern a failure to observe laws and regulations governing the contracting process. If you think the agency is not conducting a fair competition, you should check with a competent lawyer to determine if a protest is appropriate.

In general protests of Federal procurements are either administrative or judicial. Administrative protests can usually be filed with the agency itself or the General Accounting Office. Some agencies, like the FAA, have their own administrative protest mechanism. Judicial protests usually must be filed at the U.S. Court of Federal Claims, in Washington, D.C. State and local governments often have their own protest forums.

Administrative bid protests (to agencies or the General Accounting Office) are subject to strict and short deadlines. The timeliness rules are in the FAR and GAO regulations and case law. They are complex, so it is important to check them carefully as soon as you suspect a problem that affects your ability to compete, or to win an award, or in the event you lose the competition. Usually, problems with a solicitation must be filed before the due date for bids or offers. Filing too late can lead to loss of your ability to protest, so you should contact a lawyer at the earliest opportunity.

Most procurement officials are professionals who know that it is highly improper to penalize a company because it has filed a bid protest. In fact, the Office of Federal Procurement Policy has issued guidance for Federal agencies that specifically forbid considering an offeror’s record of filing protests in making award decisions. If a mistake was made, most agencies are willing to correct it, even if it means a new award.

If an administrative protest is filed within certain time limits, the contract (or its award) is stayed or suspended. However, the procuring agency can override this stay or suspension by making certain findings. For protest suits at the Court of Federal Claims, there is the possibility of obtaining an injunction to stop the contract, and sometimes the parties will agree to do so without a court order.

You will be able to intervene to protect your interests. Many Government agency personnel expect the awardee to intervene and help in the defense of the award decision. Sometimes the issues raised in a protest can only be effectively addressed by the awardee. You are entitled to be notified promptly of a protest. If you want to intervene, you should do so expeditiously.

For protests at GAO and in court, there is a process available which permits limited disclosure of proprietary information (such as proposals) and source-selection information (such as the evaluation documentation). In general, distribution is limited to counsel, and sometimes consultants or expert witnesses under a confidentiality agreement. The persons permitted to see information subject to a protective order cannot use it for other purposes or disclose it to others who are not authorized to receive it.

No. Some are withdrawn by the protester, especially if a review of the agency’s documentation, produced under protective order, shows that the chances of success are not good. In some cases, the agency decides that it has made an error, and agrees on its own initiative to take corrective action. Increasingly, protests are being resolved through alternative dispute resolution methods, such as mediation and outcome determination, which do not result in a formal decision.

GAO usually decides protests within 100 days. Agency protests are supposed to be resolved in 35 days from filing, but this isn’t a firm deadline. The Court of Federal Claims has no formal time limit for decision, but usually resolves protests quickly.

The cost of filing and pursuing a bid protest – or of intervening in a protest to defend an award – depends on multiple factors. These include whether the protest is filed at GAO, the agency or the court, whether the protest involves the solicitation or an award decision, the issue of the protest, what proceedings are held, and whether the protest is withdrawn or resolved by alternative dispute resolution. The only way to provide a realistic estimate of the cost is to analyze the particulars of a given case. Contact us to discuss your specific situation.

The relief granted depends upon what was done wrong. It might be a re-evaluation of proposals, or a reopening of the competition, or an award of the costs of preparing the bid or proposal. In rare cases, the contract is awarded to another party. Also, an award of some or all the legal fees is possible at GAO and, for small businesses, in court.

For help with a specific situation or to generally discuss your rights when there is a bid protest, contact either Joseph Petrillo or Karen Powell. We have been representing parties in bid protest litigation for about thirty years. For a description of our experience, and some of our successes, click on the link to the left for protest and award litigation.