Bid Protest Representation

GAO & Court of Federal Claims

Challenging government contract awards through administrative and federal court litigation

Did You Lose a Government Contract You Deserved?

Government contract awards involve millions of dollars and determine the future of contractor businesses. When the government makes the wrong decision—whether through evaluation errors, failure to follow the solicitation, or improper conduct—you have the right to challenge that decision.

A bid protest can:

  • Overturn the award decision

  • Result in corrective action (re-evaluation, re-competition)

  • Award you bid preparation costs

  • Lead to new contract award to you

But you must act quickly. Protest deadlines are strict, and missing them waives your rights.

GAO vs. Court of Federal Claims: Choosing Your Forum

You have two primary options for challenging a contract award: the Government Accountability Office (GAO) and the U.S. Court of Federal Claims (COFC).

Factor GAO Court of Federal Claims
Nature Administrative protest Federal court litigation
Decision Maker GAO attorneys Article I federal judge
Timeline 100 days (statutory) Variable (often 6–12+ months)
Discovery Very limited Full federal discovery
Automatic Stay Yes (CICA stay) Yes (if requested and granted)
Hearing Rare Oral argument common
Appeal To COFC To Federal Circuit
Precedential Value Persuasive only Binding precedent
Cost Lower Higher
Standard of Review Reasonable basis Rational basis (similar)

When to Choose GAO

GAO is often better when:

  • Speed is essential (100-day decision)

  • The facts are straightforward

  • GAO precedent supports your position

  • Budget is limited

  • You want to preserve COFC as backup

When to Choose COFC

COFC may be better when:

  • You need discovery to prove your case

  • GAO precedent is unfavorable

  • Legal issues are novel or complex

  • You want judicial (not administrative) review

  • Contract value justifies higher costs

  • You need binding precedent

GAO Bid Protests

The GAO Process

Step 1: Debriefing (Optional but Valuable)

Request a debriefing from the agency after award. This reveals evaluation findings and may identify protest grounds.

Step 2: File Protest

Submit protest to GAO and contracting agency within deadlines. The protest must identify the protester, agency, solicitation, specific grounds for protest, and requested relief.

Step 3: CICA Stay

If you file within 10 days of award (or within 5 days of debriefing offer), the automatic CICA stay prevents contract performance during the protest.

Step 4: Agency Report

The agency submits a report responding to protest allegations, including the procurement record.

Step 5: Protester Comments

You respond to the agency report, addressing any weaknesses identified.

Step 6: Possible Hearing

GAO may hold a hearing in complex cases, though this is rare.

Step 7: Decision

GAO issues a written decision sustaining or denying the protest. This must occur within 100 days (65 days for express option).

Step 8: Corrective Action or Appeal

If sustained, the agency takes corrective action. If denied, you may appeal to COFC.

GAO Deadlines

Protest Type Deadline
Pre-award (solicitation defects) Before proposal due date
Post-award (general grounds) Within 10 days of award or basis awareness
Post-award (debriefing) Within 10 days of debriefing
Post-award (for CICA stay) Within 10 days of award OR 5 days of debriefing offer

Missing these deadlines may waive your protest rights.

Court of Federal Claims Bid Protests

The COFC Process

Step 1: File Complaint File a complaint in COFC alleging violations of procurement law. Unlike GAO, you have access to the full range of federal pleading options.

Step 2: Request Stay Move for an automatic stay of contract performance. COFC applies four factors:

  • Likelihood of success on merits

  • Irreparable harm without stay

  • Balance of hardships

  • Public interest

Step 3: Administrative Record The government produces the administrative record of the procurement.

Step 4: Discovery Unlike GAO, COFC allows federal discovery: interrogatories, document requests, depositions.

Step 5: Briefing Parties submit motions for judgment on the administrative record. Supplemental evidence may be allowed.

Step 6: Oral Argument COFC frequently holds oral argument on bid protest motions.

Step 7: Decision The COFC judge issues a written decision. Remedies include injunctive relief, declaratory relief, and bid/proposal costs.

Step 8: Appeal Either party may appeal to the Federal Circuit.

Common Protest Grounds

Evaluation Errors

✓ Failure to follow evaluation criteria: Agency deviated from stated criteria

✓ Unequal treatment: Applied different standards to different offerors

✓ Unreasonable evaluation: Conclusions not supported by record

✓ Mechanical scoring errors: Mathematical mistakes in evaluation

✓ Failure to document evaluation: Insufficient contemporaneous documentation

Solicitation Defects

✓ Ambiguous requirements: Solicitation language susceptible to multiple interpretations

✓ Unduly restrictive: Requirements limit competition without justification

✓ Missing evaluation criteria: Unstated factors used in evaluation

✓ Conflicting provisions: Internal inconsistencies in solicitation

Discussions and Negotiations

✓ Unequal discussions: Some offerors received more meaningful discussions

✓ Improper auction techniques: Leading offerors to lower prices

✓ Failure to conduct discussions: Competitive range offerors denied discussion opportunity

✓ Misleading discussions: Agency provided incorrect information

Awardee Qualification

✓ Responsibility determination: Awardee lacks capability to perform

✓ Unbalanced pricing: Pricing structure creates performance risk

✓ False statements: Awardee made misrepresentations in proposal

✓ Organizational conflict of interest: Awardee has impermissible conflicts

Procedural Violations

✓ Failure to synopsize: No notice of procurement published

✓ Unauthorized procurement method: Wrong contract type or competition method

✓ Improper sole source: Unjustified sole-source award

✓ Bundling violations: Improper contract consolidation

The Automatic Stay

CICA Stay (GAO)

Under the Competition in Contracting Act, filing a timely GAO protest triggers an automatic stay of contract performance. This gives your protest meaning—the government cannot proceed with the awardee while the protest is pending.

Requirements for CICA stay:

  • File protest within 10 days of award, OR

  • File protest within 5 days of debriefing offer

COFC Stay

At COFC, the stay is not automatic but can be requested. COFC considers:

  1. Likelihood of success on the merits

  2. Irreparable injury without stay

  3. Harm to other parties

  4. Public interest

Override of Stay

Agencies can override the stay based on urgent and compelling circumstances or best interests of the United States. Overrides are challengeable.

Remedies Available

GAO Remedies

  • Recommendation for corrective action: Re-evaluation, amendment, re-competition

  • Recommendation for award to protester: Where proper evaluation would result in award

  • Bid preparation costs: Reasonable costs of preparing the proposal

  • Proposal costs: Costs of pursuing the protest

COFC Remedies

  • Permanent injunction: Prevent contract award or performance

  • Declaratory judgment: Declaration that procurement violated law

  • Bid preparation and proposal costs: Reasonable costs incurred

  • Remand for corrective action: Order agency to take specified action

Our Bid Protest Services

Pre-Protest Analysis

Before filing, we evaluate:

  • Strength of protest grounds

  • Likelihood of success in each forum

  • Cost-benefit analysis

  • Strategic considerations

Protest Preparation and Filing

We handle:

  • Debriefing requests and analysis

  • Drafting protest with specific grounds

  • Meeting all filing deadlines

  • Pursuing automatic stay

Protest Litigation

Throughout the protest, we:

  • Review and respond to agency reports

  • Conduct discovery (COFC)

  • File supplemental protests if new grounds emerge

  • Prepare for and argue hearings/oral argument

  • Pursue settlement negotiations

Post-Decision Actions

After decision, we:

  • Monitor corrective action compliance

  • Appeal adverse decisions (to COFC or Federal Circuit)

  • Pursue cost recovery

Frequently Asked Questions

  • Costs vary based on complexity and forum. GAO protests typically cost less than COFC litigation. We provide fee estimates during consultation.

  • Success rates vary by protest ground and forum. GAO sustains approximately 12-15% of protests on the merits, though many more result in corrective action before decision. We evaluate likelihood during initial consultation.

  • No. GAO decisions, while technically recommendations, are followed in the vast majority of cases. COFC decisions are binding court orders.

  • Missing protest deadlines generally waives your right to protest. Act immediately if you believe you have grounds—there may be limited exceptions.

  • Protest rights for task orders depend on contract type and value. Task orders under certain thresholds may not be protestable. We can analyze your specific situation.

  • Yes, in most cases. Debriefings reveal evaluation details that help identify protest grounds and extend the protest deadline.

Contact Our Bid Protest Team

If you lost a government contract and believe the decision was wrong, contact us immediately. Protest deadlines are strict.

We need to know:

  • Agency and solicitation number

  • Award date

  • Whether you received a debriefing

  • Your preliminary concerns about the award

Contact:

Urgent: Request Bid Protest Consultation

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