What should I know about government contracting and bid protests? If you are a government contractor or are considering entering into this field, it’s important to have a firm understanding of the process. To that end, bid protests are an aspect of government contracting that is little understood, even among some seasoned contractors. This is in large part because of the misunderstandings surrounding the process. However, avoiding it because this is a recipe for lost revenue, potentially substantial revenue. The good news is that when it comes to government contracting and bid protests, you have the right to seek experienced legal representation for this process. In fact, the Federal Practice Group has assisted many contractors successfully protest a bid award. If your company is in a position whereby a bid protest would be beneficial, call our office today to learn how our government contracts attorneys might be able to help you achieve a positive outcome. We encourage you to contact us at the Federal Practice Group in regard to your company’s circumstances. In advance of your conversation with one of our specialists, here are several important things to understand about how bid protests can affect the government contracting process:
Note that the U.S. Court of Federal Claims does not hold to a strict deadline. However, regardless of how you ultimately decide to proceed with government contracting bid protests, contact our office immediately so that we can make sure we get the process started as soon as possible. In this way, you can minimize the risk of missing hard deadlines if applicable. If you have reason to believe that your company was unfairly denied a contract bid award, you may have options available to you that will provide relief of the injustice. Contact the Federal Practice Group to learn how we might assist you with government contracting bid protests.
- Who can file a bid protest? This is one of the most common questions asked about government contracting bid protests. To meet eligibility requirements, the bid protestor must be what is considered an “interested party.” This means that the contractor is directly affected by the granting of a contract award or a denial of the same. Your government contracts specialist from the Federal Practice Group can help you prepare the necessary documentation that proves you are an interested party.
- If you wish to challenge a federal procurement contract, you can file a bid protest with the agency that awarded the contract, the U.S. Court of Federal Claims, or the Government Accountability Office. In most instances, government contracting and bid protests are more cost effective when dealing directly with the procurement agency.
- If you pursue government contracting bid protests with the agency, that agency is required to make every reasonable effort to resolve a protest within 35 days of the contractor filing it. However, there is no discovery process for agency-level protests. Discovery is the revelation and sharing of evidence among both sides of the protest.
- There is a mandated deadline by which a protest must be filed with the Government Accountability Office. This is usually up to 10 days after the award debriefing unless the protest is based on one or more improprieties that allegedly occurred during the solicitation process.
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