Government Bid Protest Lawyers Experienced in Identifying Grounds for Protest

Learn More About Protesting a Government Contract Award

A Government Accountability Office (GAO) protest must be filed by an interested party, which means an actual or prospective bidder or offeror with a direct economic interest in the procurement. Your bid protest attorney can help explain the process and grounds to protest.

Potential Bid Protest Grounds

Most bid protests challenge the acceptance or rejection of a bid or proposal, and the award or proposed award of a contract. The GAO considers protests of defective solicitations, including allegedly restrictive specifications, omission of a required provision, and ambiguous or indefinite evaluation factors — as well as certain other procurement actions, such as the cancellation of a solicitation.

The termination of a contract may be protested if the protest alleges that the termination was based on improprieties in the award of the contract. Where the agency involved has agreed in writing, GAO will consider protests concerning:

• Awards of subcontracts by or for a federal agency
• Sales by a federal agency
• Procurement actions by government entities that do not fall within the strict definition of federal agencies

There are some matters that lack sufficient grounds for protest to the GAO, including:

• Contract administration that is within the discretion of the agency
• Small Business Administration (SBA) issues
• Affirmative determination of responsibility by the contracting officer
• Procurement integrity
• Protests not filed within the acceptable time limits
• Procurements by agencies other than the federal agencies within the jurisdiction of the GAO
• Subcontract protests unless requested in writing
• Suspensions and debarments of contractors
• Competitive range
• Decisions regarding whether or not to file a protest on behalf of federal employees

Likelihood of a Protest Being Successful

The likelihood of success or failure is fact-specific to each protest, and many successful protests are based upon the supplemental protest, which is information not available to the protestor until the agency report (AR) is filed.

Statistically, however, the GAO has reported that the effectiveness rate of protests in the last several years is between 42 to 45 percent, meaning that nearly half of the protests filed result in the GAO sustaining the protest or the agency taking corrective action to remedy the mistakes cited in the protest.

Contact a Washington, D.C. Bid Protest Lawyer Today

If you believe that the government has not abided by the terms of a solicitation and need help identifying potential grounds for a bid protest, contact the Whay Law Firm online or call (202) 448-9677 to schedule your initial consultation today.