If you’ve recently been denied a bid and are wondering where you should file your bid protest this article will give you a basic overview of the ways you can file a bid protest.
Each forum has strict protocol and timelines that must be followed. Since each forum has its pros and cons, we recommend you seek legal counsel to assist you in determining which forum suits your needs. Whether you are filing a pre-award bid protest or post-award bid protest, you can challenge the bid in three ways.
1. At the Agency Level
Protesting a bid at the agency level is the cheapest and fastest way to settle a bid protest. When filing at the agency level you do not need the assistance of an attorney; you simply file your protest with the contracting officer in charge of the bid. According to the Federal Acquisition Regulation (FAR), protests at the agency level must be resolved within 35 days of the filing of the protest.
2. The Government Accountability Office (GAO)
Filing a protest through the GAO is the most popular and successful method to protest a bid. Legal representation is advised, but not required. It must be filed within 10 days of knowing your reason for protesting. The protest must be settled 100 days after filing the protest.
3. The U.S. Court of Federal Claims (COFC)
Filing a protest through the COFC requires an attorney and is the most costly route. This option works if you aren’t able to file a GAO by the required deadline. There is specific resolve deadline which means it could take weeks or even years to settle a protest.
Consult a Jacksonville Construction Lawyer
As bid protest experts, we always advise the help of an attorney when disputing bids. We provide assistance to those who are defending their award as well as though we believe they were wrongly denied an award. Laws that govern the construction industry can be highly complex. Having an attorney on your side means you’ll meet deadlines and avoid detrimental mistakes in the bid protest process.
Disclaimer: The information contained in this article is for general educational information only. This information does not constitute legal advice, is not intended to constitute legal advice, nor should it be relied upon as legal advice for your specific factual pattern or situation.