Government Bid Protest Law Firm Experienced in Forum Choice
Learn More About Protesting a Government Contract Award
Protests of federal solicitations or contract awards are usually pursued in one of three forums: the procuring agency, the General Accountability Office (GAO), or the Court of Federal Claims. In choosing a protest forum, there are certain factors the protester must consider:
- The formality of their procedures
- Their timeliness requirements
- Their powers
Agency Protests
Agency protests have the most informal procedures, and federal regulations state that agencies should provide for inexpensive, informal, and procedurally simple and quick resolution of protests.
An agency protest is simple to pursue but has some distinct disadvantages, including:
- Few procedural protections for the protester.
- No requirement that the agency provide a response to the protest or that it produce documents.
- No requirement to provide a prompt decision other than the requirement that the agency used its “best efforts” to resolve protests within 35 days.
- The agency itself decides the protest, and in some cases, is also the contracting officer. Agencies are often reluctant to reverse their own procurement decisions.
GAO Protests
The GAO offers a much more detailed protest procedure, along with more due process protections for the protester. The GAO releases its decision within 100 days from the date of filing, and rarely misses this deadline.
While the GAO typically resolves protests quickly, this efficiency can also present some disadvantages:
- The speed at which GAO protests move requires protesters to file submissions on an accelerated timetable, and the slightest deviation from the schedule is likely to result in a dismissal of the protest.
- As part of the legislative branch of government, the GAO exercises only an advisory role and cannot order an executive agency to take any specific action.
- Any decisions made by the GAO are only recommendations, although these recommendations are almost always followed by the agencies.
Court of Federal Claims Protests
The Court of Federal Claims offers the most formal protest procedure, and the Court provides true judicial review of agency decisions. The Rules of the Court of Federal Claims closely follow the Federal Rules of Civil Procedure,
The main advantage of filing a protest with the Court of Federal Claims is that it offers the maximum due process protections to the protester, although the process is likely to be more expensive than an agency or GAO protest. Because a protest filed in the Court of Federal Claims requires extensive knowledge of federal practice and procedure, the protester must be represented by legal counsel unless an individual files the protest.
Contact a Washington, D.C. Government Contractor Lawyer Today
If you need help choosing a forum for your government bid protest, contact the Whay Law Firm online or call (202) 448-9677 to schedule your initial consultation today.
