The Three Venues for Protesting a Government Contract

Washington, D.C. Metro Area Law Firm Helps Determine Proper Venue for Bid Protests

Learn More About Protesting a Government Contract Award

A protest is a legal challenge to the actions of the government during the procurement phase, including the evaluation of bids/proposals and the award of a contract.

Filing a Bid Protest

If a company believes that the federal government failed to comply with the terms of a solicitation or with the applicable laws or regulations governing procurement and seeks to file a protest, various laws and regulations control the process surrounding protests.

The company will be required to follow strict rules or risk losing the right to protest. Your Washington, D.C. bid protest attorney will help ensure that the correct procedure is followed and the bid is brought before the proper venue.

Venues for Protesting a Government Contract

There are three basic venues for protesting a government contract. A company may choose to file a protest:

  • Directly with the procuring agency
  • With the Government Accountability Office (GAO)
  • With the Court of Federal Claims (COFC)

Various factors determine which venue is best, and some basic considerations include:

  • The value of the procurement to your company
  • The cost of pursuing a protest in the particular venue
  • Whether the protest would be timely in the venue (a protest that is untimely in the GAO may be timely in the COFC)
  • Whether the protest will involve information that requires a protective order (competitive information is limited to the attorneys, and not disclosed to the companies involved)

GAO Most Common Venue for Bid Protests

Most protests are filed with the GAO. At the GAO, a protest must be filed within 10 days after the basis for the protest is known or should have been known. If a debriefing is requested, and the government is required to provide the debriefing, then the protest may be filed within 10 days after the debriefing.

Contact Our Washington, D.C. Bid Protest Attorneys Today

If you are looking for competent legal advice regarding the proper venue in which to file a bid protest, contact the Whay Law Firm online or call (202) 448-9677 today to schedule your initial consultation with an experienced government contract attorney.

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