XL EagleBid protest
Bid protest. A bid protest is a formal objection to how the government ran a procurement. You can protest the terms of a solicitation before bids are due, or protest an award decision after it is made, if you believe the agency broke the rules or its own evaluation criteria.
Protests can be filed with the agency itself, with the Government Accountability Office (GAO), or with the U.S. Court of Federal Claims. Each forum has its own deadlines, and many are short, measured in days. Only an 'interested party,' generally an actual or prospective bidder with a direct economic interest, can protest.
Why it matters to a small contractor
Protests are a tool, not a habit. If a solicitation has an unfair requirement, ask questions or protest before the due date, since waiting until after award often loses the right to complain. After a loss, get a debriefing first, then decide quickly whether a protest is worth it.
Example
A small security firm sees a solicitation that requires a license only one local company holds. Before the closing date, they file an agency-level protest arguing the requirement unduly restricts competition, and the agency amends the solicitation.
Bid protest: common questions
Can a subcontractor file a bid protest?
Generally no. Protests are usually limited to actual or prospective prime offerors. A sub can help the prime decide whether to protest.
Do I need a lawyer to file a bid protest?
You can file an agency or GAO protest yourself, but protests at the Court of Federal Claims require an attorney for a business. Many firms use counsel at GAO too.
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