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Bid Protests
Safeguarding Fair Competition in Federal Procurement
Bid protests are an essential part of the federal procurement process, ensuring that government contract awards are made lawfully, transparently, and fairly.
They allow contractors to challenge procurement decisions that violate solicitation terms, procurement regulations, or the Federal Acquisition Regulation (FAR) itself.
At SJKP LLP, our Bid Protest Practice helps contractors protect their right to compete on an even playing field.
We represent clients in protests before the Government Accountability Office (GAO), the U.S. Court of Federal Claims (COFC), and agency-level proceedings—challenging improper awards, defending contract wins, and guiding companies through complex procedural requirements.
As federal budgets tighten and competition intensifies, bid protests have become a crucial strategic tool for contractors seeking to secure or maintain government business.
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1. Bid Protests: The Role in Federal Procurement Integrity
Ensuring Accountability and Legal Compliance in Contract Awards
Federal procurement represents hundreds of billions of dollars in annual spending.
With such stakes, even small procedural errors can lead to unfair outcomes or violations of procurement law.
The Legal Basis for Bid Protests
Bid protests are governed primarily by:
- - Federal Acquisition Regulation (FAR) Subpart 33.1
- 31 U.S.C. §§ 3551–3557 (Competition in Contracting Act)
- GAO and COFC procedural rules
These laws give offerors the right to challenge awards based on:
- Violation of solicitation terms or evaluation criteria
- Failure to follow procurement procedures
- Conflict of interest or bias
- Improper cost or technical evaluations
- Noncompliance with mandatory federal statutes or regulations
Our attorneys help clients assess whether a protest is justified and strategically position their claim for maximum effectiveness while minimizing risk of retaliation or lost relationships with the agency.
2. Bid Protests: Understanding Forums and Jurisdictions
Choosing the Right Venue for Maximum Impact
The success of a bid protest often depends on selecting the appropriate forum.
Each venue—Agency-Level, GAO, and the U.S. Court of Federal Claims—has unique procedures, timelines, and remedies.
Comparing Protest Venues
| Venue | Typical Timeline | Key Features | Relief Available |
|---|---|---|---|
| Agency-Level Protest | 35 days | Informal and cost-effective; often used for smaller procurements | Re-evaluation or corrective action |
| GAO Protest | 100 days | Formal procedure, automatic stay on performance | Corrective action, recommendation of award |
| Court of Federal Claims (COFC) | Flexible | Judicial review under APA standards | Injunction, declaratory relief |
SJKP LLP advises contractors on which forum best aligns with their strategic objectives—whether rapid intervention, detailed discovery, or long-term precedent.
We also assist foreign contractors and joint ventures in navigating Buy American Act (BAA), Trade Agreements Act (TAA), and DFARS restrictions that often surface in bid protest litigation.
3. Bid Protests: Strategies for Challenging Contract Awards
Turning Legal Rights into Tactical Advantages
Successful protests require a balance of legal precision and strategic pragmatism.
Our attorneys bring years of government contracting experience to every stage of the process—from pre-award analysis to post-decision enforcement.
Effective Protest Preparation and Filing
We help clients:
- - Conduct pre-award debriefings to gather information for potential protest grounds.
- File timely and factually supported protests that meet strict GAO or COFC deadlines.
- Analyze evaluation records and technical scoring for procedural or legal errors.
- Seek automatic stays of contract performance under the Competition in Contracting Act (CICA).
We also manage protective orders, ensuring access to source selection materials while safeguarding proprietary data.
Our attorneys prepare persuasive filings that demonstrate prejudice—showing how errors directly affected our client’s competitive standing.
4. Bid Protests: Defending Awards and Protecting Revenue
Preserving Contract Wins Amid Legal Challenge
Not all protests are offensive—many are defensive.
When a client wins a federal contract, that award can face immediate challenge from competitors.
Our team has successfully defended hundreds of millions of dollars in federal contract awards, preserving our clients’ positions against meritless protests.
Defense Strategy and Intervention
We intervene on behalf of awardees to:
- - Defend the integrity of source selection evaluations.
- Rebut competitor allegations of bias or procedural error.
- Demonstrate compliance with solicitation and regulatory requirements.
- Protect contract continuity during protest proceedings.
Our approach combines aggressive advocacy with procedural finesse—ensuring that contract performance continues wherever possible, and that our client’s revenue stream remains secure.
5. Bid Protests: Lessons from Recent Precedent
Evolving Standards in GAO and COFC Decisions
Bid protest jurisprudence evolves constantly as new cases refine how agencies must evaluate offers and document decisions.
Our attorneys closely track GAO opinions and Federal Claims rulings to anticipate agency behavior and emerging trends.
Key Recent Developments
- - Enhanced debriefing requirements under DoD rules, giving contractors more transparency.
- Heightened documentation standards—agencies must clearly justify evaluation scores.
- Protest timeliness rules reaffirmed: strict adherence to 10-day GAO filing deadlines.
- Increased use of corrective action—agencies choosing to re-evaluate rather than litigate.
By staying ahead of these developments, we help clients calibrate expectations and prepare data-driven protest strategies that align with evolving GAO and COFC interpretations.
6. Bid Protests: Remedies and Corrective Action
Securing Practical Outcomes Beyond Litigation
While some protests result in full reversals of award decisions, others yield corrective action—a re-evaluation or re-competition that gives our client another fair opportunity.
Navigating Outcomes and Remedies
We guide clients through:
- - Post-protest negotiations with contracting officers.
- Corrective action reviews and re-competitions.
- Settlement discussions that protect client relationships and reduce litigation risk.
- Follow-on claims under the Contract Disputes Act (CDA) for compensatory relief.
Our goal is to secure tangible results—whether that means winning the award, restoring competition, or ensuring transparency in future procurements.
7. Why Choose SJKP LLP for Bid Protest Counsel
Experience, Strategy, and a Track Record of Success
Bid protests demand more than procedural knowledge—they require deep familiarity with federal procurement culture and agency decision-making.
At SJKP LLP, our government contracts attorneys combine decades of experience in civilian and defense procurement with practical insight into how agencies evaluate, justify, and defend awards.
We have successfully:
- - Overturned improper awards at both GAO and COFC.
- Secured corrective actions that reopened multimillion-dollar competitions.
- Defended clients against competitor challenges, preserving billions in contract value.
Whether pursuing or defending a protest, our approach integrates legal analysis, strategic negotiation, and real-world experience to help clients navigate federal procurement with confidence.
The information provided in this article is for general informational purposes only and does not constitute legal advice. Reading or relying on the contents of this article does not create an attorney-client relationship with our firm. For advice regarding your specific situation, please consult a qualified attorney licensed in your jurisdiction.
Certain informational content on this website may utilize technology-assisted drafting tools and is subject to attorney review.
