Bid Protests
In a perfect world, a government contractor could seamlessly transition from proposal to award to contract performance without delay or dispute. However, disputes surrounding the government contract award process are common, and most government contractors will be involved in a bid-related dispute.
Given this reality, federal contractors must understand the intricacies of the bid protest process to defend their contract awards and to assert their rights as a protester.
What Issues Can I Protest?
Government contract bid protests can be challenged in the U.S. Court of Federal Claims (COFC) or before the Government Accountability Office (GAO). Occasionally, a protest can also be filed directly with the procuring agency or the Small Business Association.
There is a full range of issues that can be raised before these tribunals, including:
- Defective solicitations, such as restrictive specifications, omission of a required provision, vague contract requirements, and ambiguous evaluation factors;
- Failure to follow the award process;
- Failure to follow the criteria set forth in the request for proposals;
- Disparate treatment of offerors;
- Solicitation cancellations;
- Late and unresponsive bids;
- Integrity and fraud issues;
- Small business issues:
- Technical evaluations;
- Cost and pricing issues; and
- Best value determinations, including cost/technical tradeoffs.
The FPG government contracts team assists contractors in successfully protesting a bid award. If your company is in a position where a bid protest would be beneficial, contact our office today.
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Frequently Asked Questions
Government contracting refers to the process through which federal, state, or local government agencies purchase goods and services from private businesses or individuals to fulfill their operational needs and public services.
Government contracting is regulated by various laws and regulations, including the Federal Acquisition Regulation (FAR), agency-specific regulations, the Competition in Contracting Act (CICA), the False Claims Act, and various socio-economic programs.
The FAR is a set of rules and guidelines issued by the federal government that govern the acquisition process for all executive agencies. It covers various aspects of contracting, including procurement procedures, contract administration, and contractor responsibilities.
We assist clients by reviewing and understanding relevant regulations, ensuring they have appropriate policies and procedures in place, providing training on compliance, and conducting internal audits to identify and address potential issues.
A bid protest is a formal complaint filed by a bidder or offeror who believes that a government procurement process was conducted unfairly, improperly, or in violation of procurement laws and regulations.