What Is a Bid Protest?

A bid protest is a formal challenge to the terms of a solicitation or to the award of a public contract. By invoking this remedy, a contractor asks the reviewing authority to examine—and, where necessary, correct—errors that compromise transparency, compliance, or fairness in the procurement cycle.

Why Bid Protests Matter

• Ensure procedural integrity. A well-timed protest deters arbitrary or unlawful procurement practices and reinforces public confidence.
• Protect commercial interests. It preserves your opportunity to compete on a level playing field, potentially unlocking a second chance at award or compensation for protest costs.
• Shape future solicitations. Successful protests can prompt agencies to clarify requirements, improving the marketplace for all industry participants.

Principal Grounds for Protest

1. Procedural irregularities – departures from statutory bidding requirements or agency regulations.
2. Unequal or irrational evaluation – scoring that is arbitrary, capricious, or inconsistent with the published criteria.
3. Non-responsive or non-responsible awardee – selection of a bidder that fails to satisfy mandatory qualifications or solicitation terms.
4. Improper discretionary decisions – conflicts of interest, undisclosed evaluation factors, or other abuses of procurement discretion.

The Protest Lifecycle

1. Issue identification – promptly gather the solicitation, evaluation records, and debriefing information to pinpoint protestable errors.
2. Timely filing – lodge the protest with the appropriate forum (agency, state procurement office, or GAO) within the strict statutory deadline, supported by clear factual and legal grounds.
3. Administrative review – the contracting authority (or independent tribunal) examines the record, invites written argument, and may permit limited discovery or hearings.
4. Disposition – the protest may be denied, sustained with corrective action (such as re-evaluation or resolicitation), or, in rare cases, result in reimbursement of proposal and protest costs.

Strategic Advantages of Mastery

• Informed bidding – understanding protest risk sharpens your review of solicitations and improves proposal strategy.
• Risk mitigation – early identification of irregularities allows you to act before award, reducing costly post-award surprises.
• Competitive leverage – the credible threat of a well-grounded protest can deter agencies from shortcutting required procedures.

Engage Experienced Counsel

Bid protests unfold on an accelerated timetable and hinge on nuanced procedural rules. Whether you seek pre-award clarification or post-award relief, we stand ready to safeguard your competitive interests and uphold the integrity of the procurement process.