Bid Protest
A formal challenge to a contract award or procurement process, typically filed with GAO, the Court of Federal Claims, or the agency.
Overview
A bid protest is a legal challenge by an interested party contesting the terms of a solicitation or a contract award decision. Protests can be filed at three venues: the Government Accountability Office (GAO), the U.S. Court of Federal Claims (COFC), or directly with the contracting agency. Each venue has different procedures, timelines, and remedies available.
Why It Matters in GovCon
Bid protests serve as a critical check on the federal procurement system, ensuring agencies follow regulations and treat offerors fairly. For contractors, understanding protest rights and procedures is essential — both to protect their own interests when they believe an award was improper and to defend against protests filed by competitors after a win.
Key Details
- GAO Protests: Must be filed within 10 days of knowing the basis for protest; GAO issues a decision within 100 days. An automatic stay of performance (CICA stay) applies.
- COFC Protests: Filed in federal court with broader discovery rights but no automatic stay; can result in injunctive relief.
- Agency-Level: Filed directly with the contracting officer; fastest resolution but narrower remedies.
- Sustain Rate: GAO sustains approximately 12-15% of protests that reach a decision on the merits.
- Corrective Action: Agencies may voluntarily take corrective action before GAO issues a decision, mooting the protest.
Related Terms
- Government Accountability Office (GAO)
- Source Selection
- Contracting Officer (CO)
- Debriefing
More Contracts Terms
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