How Small Businesses Should Protest Government Contracting Decisions
Small businesses play a vital role in the economy, driving innovation and creating jobs. However, when it comes to government contracting decisions, they often face challenges that can hinder their growth and success. It is crucial for small businesses to understand their rights and options when they disagree with a government contracting decision.
In this section, we will explore the steps that small businesses can take to effectively protest government contracting decisions. By understanding the process and utilizing the right strategies, small businesses can level the playing field and ensure fair treatment in government procurement opportunities.
Whether it’s a disagreement over contract award decisions or concerns about unfair practices, small businesses need to be proactive in protecting their interests. This section will provide valuable insights and guidance on how small businesses can navigate the protest process effectively.
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 is 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 delay in performance will cause unneeded harm.
If the protest is received within 10 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 that will be affected by this suspension of performance due to the protest.
If a protest is received 10 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 the 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.
By equipping themselves with knowledge and taking appropriate action, small businesses can assert their rights and potentially overturn unfavorable decisions. Join us as we delve into the world of government contracting protests and empower small businesses to advocate for fairness in this critical arena.
In the competitive world of government contracting, small businesses often face challenges when it comes to securing and maintaining contracts. However, when faced with unfavorable decisions or outcomes, it is crucial for small businesses to know how to effectively protest these decisions. Protesting government contracting decisions can be a complex and daunting process, but with the right strategies and knowledge, small businesses can navigate this terrain successfully. In this section, we will explore actionable steps and best practices that small businesses should consider when protesting government contracting decisions, empowering them to protect their rights and interests in the procurement process.
The Government Would Like to Keep Contract Conflicts Out of Court
All contractors have the right to dispute and appeal. However, the government prefers to try to resolve all contractual issues in controversy by mutual agreement at the contracting officer’s level. The government expects you to use reasonable efforts to resolve controversies, prior to the submission of a dispute.
Remember To Be Reasonable
When an unfair decision is put forth then it definitely should be protested with voracity. However, you should be reasonable in your claims. The federal government is a very lucrative customer and you do not want to harm this relationship for unnecessary reasons.
Remember Nothing Happens Until You Register With SAM.
One of the first things that one needs to do is to be registered with SAM.
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 directory. The government will not hire any type of business (large or small) that has not registered in the SAM directory.
Please read one of the helpful blog articles on our site like Everything You Need to Know About SAM for Small Businesses. These blogs will help give you all the information you need to understand how we can help make the process very easy for you. Sam Directory will happily guide you through this often confusing process. With our help, you will be able to be on the path to government subcontracting quickly and efficiently.