Protesting A Bid Or Award
You must be an interested party, which means a prospective bidder who will be affected by the award economically. This usually means you will receive the award if your protests are sustained.
One such challenge would be that the bid was defective. A defective bid can include the following:
- The omission of a required provision
- The ambiguity of Important facts
- Indefinite evaluation factors.
The termination of a contract may also be protested if the protest alleges that the termination was based on improprieties in the award of the contract. This means that you can protest the bid, award, or termination of the contract. Make sure that you are very aware of the deadlines set for a protest.
Protesting A Defective Bid
These are some common grounds for a defective bid:
- The bid is not detailed enough or vague:
- It’s too detailed: SOW too long
- It’s too restrictive: it uses standards or specs that are not needed.
- More time is needed to respond.
- It contains ambiguous statements: which do you want?
- There are many brand names or equal issues.
- There are small business issues: such as Hubzone and wrong size standard
- Failure to meet small business set-asides
Procedures Of Protest
The government wants to ensure that public funds are utilized in a manner that is fair. This means that protests to solicitations will be handled as quickly and efficiently as possible. So the government encourages all parties to resolve issues with contracting officers of the agency with open discussion. The agency is also encouraged to resolve these matters in a fair and efficient manner.
What Of The Timing Of The Protest In The Contracting Process?
A protest received before the award of the contract means that the contract will not be awarded until there is a decision on the protest. This is bypassed if the items or services of the contract are urgently needed, and a delay in performance will cause unneeded harm.
If the protest is received within ten days of the award of the contract, then the performance of the contract will be suspended until the protest is resolved. It is on the contracting officer to notify all the other eligible parties affected by this suspension of performance due to the protest.
If a protest is received ten days after the contract is awarded, the agency procedures will determine the handling of the protest. The contract performance might not be suspended or terminated in these cases unless it is likely that the award will be invalidated and the delay will not be prejudicial to the government’s interest.
General Accounting Office
Although it is highly encouraged that companies seek resolution within the contracting agency, if this proves ineffective, then a company can file a protest with the General Accounting Office or GAO.
However, you must understand that if you totally bypass the agency and go to the GAO, then the GAO’s decision is final. This means that you will not be allowed to appeal the GAO, and this ruling will be final.
This means that it is usually more advantageous for a company to go through the contracting agency than to go directly to the GAO. Going through the original agency also allows a company more time to gather the information that can help if later protests go to another type of forum.
Matters that can not be protested to the GAO:
- An affirmative determination of responsibility by the contracting officer — A determination that a bidder is capable of performing a contract will not be reviewed unless there is a showing of possible bad faith on the part of government officials or that definitive responsibility criterion in the solicitation was not met.
- Procurement integrity — Protests not filed within the required time limits
Make sure you read the second part of this series to find out more about disputing or protesting a contract award.
What Is The Difference Between A Protest vs. A Dispute?
A protest involves a defective bid or awarding a contract to a different bidder. In contrast, a dispute consists of an issue with the contracting officer that arises after you have been awarded the government contract.
The following are the three Federal Bid protest Levels:
- Judicial action was brought to the United States Court of Federal Claims (COFC).
- Protest filed with the (GAO) Government Accountability Office.
- An agency-Level objection was filed with the agency conducting the procurement.
It is important to note that a protest must be filed within ten days after the basis of the rally is known or should be known. Any objections that exceed this 10-day limit will automatically be thrown out. If you want to go forward, you must go to a higher level, like the United States Court of Federal Claims.
Decision To Protest
If you decide to protest, it is in your best interest to call counsel as soon as possible. Contract law can be very complicated, and it would be an excellent idea to consult with your legal counsel.
If you decide to protest, you have avenues that can guide you through the process. You can go to your local PTAC to get started in the process and seek legal counsel. You also should familiarize yourself with Part 33.1 of the FAR. This will help you understand the requirements and your rights.
Disputes
A dispute is when a government contractor has issues or material disagreements related to the contract itself and therefore files a claim.
A claim is defined as a demand by one of the contracting parties seeking, as a matter of right, the payment of money, the adjustment or interpretation of contract terms, including the time of performance. This also includes other relief under or relating to the contract.”
How Do You Get Started Working With The Government?
SAM stands for System Award Management.
To do any business with the federal government, you must register your business in the System for Award Management. The government will not hire any type of business that has not been written in the SAM directory.
We have an article on our site, Everything You Need to Know About SAM for Small Businesses, that gives you essential information about this process.