How do I file a bid protest?
Bid protests are filed with either the agency itself (agency-level protest), the Government Accountability Office (GAO), or the U.S. Court of Federal Claims. Deadlines are extremely tight — 10 days from the basis-of-protest becoming known. Consult a government contracts attorney before proceeding.
A bid protest is a formal challenge to a federal procurement decision. Bidders and prospective bidders can protest solicitations they believe are improper, evaluation decisions they believe were unfair, or awards they believe went to the wrong contractor. Winning a protest can void the award and force a re-competition — or occasionally result in the protester being awarded the contract.
There are three forums for filing a federal protest. First, agency-level protests are filed directly with the contracting officer or a designated protest official. These are cheapest and fastest — often decided within 35 days — but agencies are naturally reluctant to overturn their own decisions, so the protester's win rate is low. Second, protests to the Government Accountability Office (GAO) are the most common. GAO decides protests within 100 days, is largely independent, and its decisions are binding. Filing fee is nominal but attorney costs typically run $30,000-$100,000+. Third, protests to the U.S. Court of Federal Claims are the highest-stakes forum, with full trial procedures and no time cap on the court's decision.
Deadlines are extremely strict. For a pre-award protest of a solicitation defect: prior to bid submission deadline. For a post-award protest of an evaluation error: within 10 calendar days of when the protester knew or should have known the basis. For a debriefing-triggered protest: within 10 days of the required debriefing (which triggers a CICA automatic stay preventing performance during the protest). Missing these deadlines is fatal — protests dismissed as untimely have no appeal.
Grounds for a valid protest include: violations of procurement statutes or regulations, evaluation errors (misinterpreting your proposal, applying unstated criteria, unequal treatment among offerors), organizational conflicts of interest, unduly restrictive solicitation requirements, and unequal access to information. Grounds that will NOT sustain a protest include: disagreement with evaluators' judgment on technical merit (as long as they applied stated criteria reasonably), price differences alone, and disappointment.
Practical considerations before filing: the CICA stay only pauses the contract, it does not stop the clock on your business needs. Winning a protest gets you a re-evaluation, not necessarily an award. Filing frivolous protests can damage your reputation with the contracting officer and future opportunities. Consult a government contracts attorney within 3-5 days of any adverse decision — they can assess whether you have valid grounds and hit the deadline.