BID PROTESTS:  If a company believes the government failed to comply with the terms of a solicitation (i.e. IFB, RFP, RFQ, etc.), or applicable laws or regulations in a procurement, the company must follow strict rules or face losing the right to protest.  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.  The how, when and where of protests are controlled by various laws and regulations.  

There are three basic venues for protesting.  A company may choose to file an agency level protest directly with the procuring agency, it may file with the General Accountability Office (GAO), or it may file with the Court of Federal Claims (COFC).  Which venue is best will depend upon various facts.  Basic considerations include the value of the procurement to your company, your desire to maintain the relationship with the procuring agency, the cost of pursuing a protest in the particular venue, whether the protest would be timely in the venue (i.e. a protest that is untimely in the GAO may not be untimely in the COFC), and whether the protest will involve information that requires a protective order (i.e. competitive information is limited to the attorneys, and not disclosed to the companies involved). 

How many days you have to file a protest will depend.  In general, if a protest is based on an obvious problem with the solicitation documents, the protest must be filed before the date the bid or proposal must be submitted.  The purpose of this rule is to prevent a contractor from sitting on their rights to challenge what they believe to be an unfair solicitation, rolling the dice to see if they win, and then, if unsuccessful, filing a protest.  

The time requirements for other protests, such as a challenge to the government's decision to award to another company, will depend on the venue as well.  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 debrief is requested, and the government is required to provide the debrief, then the protest may be filed within 10 days after the debrief.  

There are benefits to filing even earlier.  An automatic stay (i.e. the government is required to withhold award and suspend contract performance) is available if the protest is filed with the GAO within 5 days of the offered debrief date or within 10 days of contract award.  A stay of performance is key since it can impact your remedy.  Without the stay, the contract will continue to be performed and there may not be any contract requirement left to award to you even if your protest is successful. 

You should promptly speak with an attorney if you believe the government has not abided by the terms of a solicitation, or applicable laws and regulations.  Timely guidance and evaluation of your protest is important to meeting the stringent requirements for protesting.