Bid Protests for Contractors

At Malyszek & Malyszek we represent companies either challenging or defending procurement procedures or contract awards in bid protests before the U.S. Court of Federal Claims (COFC), U.S. Government Accountability Office (GAO), and the U.S. Court of Appeals for the Federal Circuit. Through our vast experience on protests we can provide insightful counsel regarding various approaches for success or formulating strategies for how to best defend against a competitor's protest. With mutual participation in bid protests, there is little that our Government Contracts attorneys have not seen before. This is critical in bid protest litigation where there is no room for "on-the-job training."

In the federal market bid protests ensure that federal attainments are carried out in agreement with applicable procurement rulings and regulations. Whether you are a successful awardee or disappointed bidder, all businesses must understand the realities of the bid protest process to effectively defend their own contract awards from.

By law, a protest must be filed by an interested party which means an actual bidder whose direct economic interest would be affected by the award or failure of a contract. In opposition to the government's evaluation of proposals and the award of contracts, this means a bidder that would possibly be in line for award if the protest was persistent.

In doing business with the government, you have a right to protest a bid or an award both before and after the award of a contract. You can protest the bid, you can protest an award, and you can protest the termination of a contract.

In addition to keeping your opportunities of protest and appeal open, protesting to the contracting agency instead of directly to the GAO has other advantages. The company protesting can gain extra time to gather information that will assist it if it later decides to protest to another forum.

A protest to the GAO must be filed within 10 working days of the protestor's learning of the initial opposing agency action. The GAO can then possibly take up to 60 days to respond. If there is a contrary decision by the GAO, the contractor can file a Notice of Appeal or file suit in the Court of Federal Claims, which can take up to another year. Appeal by either party to the Court of Appeals for the Federal Circuit can take up to 60 to 120 days. In the end, it may take up to four years to get a hearing on claims over $50,000, although trial stage has been reached within two years. Disputes are very different from protests. As a government contractor, you have the right to dispute all material disagreements in controversy that relate to a contract and to file a claim.

Bid protests can be very complex and complicated. Call Malyszek & Malyszek today to find out more information about your case.