bid protest

A bid protest is a challenge to the terms of a solicitation or the award of a federal contract.

This seminar is an informal, but in-depth overview to the bid protest process at both the CONTRACTING OFFICER & GAO levels; however, it is not to be mistaken for a law course. The legal rules governing this process are set forth in the Federal Acquisition Regulation [FAR] 33 & GAO’s Bid Protest Regulations.

These regulations were promulgated to implement the Competition in Contracting Act of 1984. The regulations have been revised over time to implement statutory and other changes. Most recently, the regulations were revised, effective April 14, 2005, to conform to changes in our jurisdiction enacted by Section 326(d) of the Ronald W. Reagan National Defense Authorization Act for Fiscal Year 2005, Pub. L. 108–375, 118 Stat. 1811, 1848. The revised regulations appear in Title 4 of the Code of Federal Regulations (C.F.R.), Part 21.

GAO issues decisions regarding federal bid protests, appropriations law, and other legal matters.

Federal agencies are required to award government contracts in accordance with numerous acquisition laws and regulations. If a party interested in a government contract believes that an agency has violated procurement law or regulation in a solicitation for goods or services, or in the award of a contract, it may file a bid protest with our office. GAO provides an inexpensive and expeditious forum for the resolution of bid protests.

BID-PROTEST

A bid protest is a challenge to the terms of a solicitation or the award of a federal contract. For more than 100 years, GAO has provided an objective, independent, and impartial forum for the resolution of disputes concerning the awards of federal contracts. GAO's Procurement Law Division adjudicates these bid protests.

BID PROCESS [FAQ]

Over the years, GAO's decisions on federal contract awards have created a uniform body of law applicable to the procurement process upon which the Congress, the courts, agencies, and the public rely. Although a party to a protest may be represented by counsel, filing a bid protest with GAO does not require the services of an attorney. In addition, bid protests filed with GAO are usually resolved faster than those filed in federal court.

The following frequently asked questions are intended for a general audience and should not be considered legal advice. Readers should be aware that many of the rules for filing and pursuing protests, as well as the substantive matters of bid protest law, are complex, and these FAQs are not intended to address all possible issues and situations.

FAQ's

33.103 Protests to the Agency.

33.103 Protests to the Agency.

(a) Reference. Executive Order12979, Agency Procurement Protests, establishes policy on agency procurement protests.

(b) Prior to submission of an agency protest, all parties shall use their best efforts to resolve concerns raised by an interested party at the contracting officer level through open and frank discussions.

(c) The agency should provide for inexpensive, informal, procedurally simple, and expeditious resolution of protests. Where appropriate, the use of alternative dispute resolution techniques, third party neutrals, and another agency’s personnel are acceptable protest resolution methods.

(d) The following procedures are established to resolve agency protests effectively, to build confidence in the Government’s acquisition system, and to reduce protests outside of the agency:

33.103 Protests to the agency. | Acquisition.GOV

33.104 Protests to GAO

33.104 Protests to GAO.

Procedures for protests to GAO are found at 4 CFR Part 21 (GAO Bid Protest Regulations). In the event guidance concerning GAO procedure in this section conflicts with 4 CFR Part 21, 4 CFR Part 21 governs.

(a) General procedure.

(1) A protester is required to furnish a copy of its complete protest to the official and location designated in the solicitation or, in the absence of such a designation, to the contracting officer, so it is received no later than 1 day after the protest is filed with the GAO. The GAO may dismiss the protest if the protester fails to furnish a complete copy of the protest within 1 day.

33.104 Protests to GAO. | Acquisition.GOV

FCCoC does not issue Continuing Learning Points (CLPs).

Bid Protest Training

Overview of the Bid Protest Process
Filing a Protest
After a Protest Is Filed
Ex Parte Communications
Hearings
Decision Timetable
Express Option
Flexible Alternative Procedures and Alternative Dispute Resolution
Status and Other Informal Conferences
Protest Disposition
Distribution of GAO Decisions
Judicial Proceedings
Requests for Reconsideration

Appendix I:

Sample Acknowledgment of a Protest and Confirmation of Report Requirement (Protester Without Counsel)

Appendix II:

Sample Acknowledgment of a Protest, Confirmation of Report Requirement, and Notice of Protective Order (Protester With Counsel)

Appendix III:

Sample Notice of Protective Order

Appendix IV:

Sample Protective Order

Appendix V:

Sample Application for Access to Material Under a Protective Order for Outside Counsel

bid protest

BID-PROTEST

BID PROCESS [FAQ]

33.103 Protests to the Agency.

33.103 Protests to the Agency.

33.104 Protests to GAO

33.104 Protests to GAO

FCCoC does not issue Continuing Learning Points (CLPs).

Bid Protest Training

FCCoC does not issue Continuing Learning Points (CLPs).

Protest Writing Lessons

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