We represent small, medium and large contractors with federal government bid concerns by providing meticulous research and analysis for your case. We take a logical approach to solving your case:
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We first analyze your case by conducting legal research
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You will get an honest legal opinion before filing
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We review the solicitation and government’s actions
Getting an honest opinion can save you thousands
Many contractors are disappointed in a bid award; they know something has gone wrong. However, they are at a loss because they are not familiar with the rules. Here are some things for you to consider:
- Know the legal strength of your case
- How large is the contract?
- What is the financial trade-off of filing?
- Did you get a debriefing?
A skilled lawyer will go through these important questions before taking your case. Not only do you need 
a concise opinion but you must also look the cost versus the possibility of not prevailing.
Government Contract News
Bid Protest Services
- Bid protest defense & plaintiff
- Case analysis
- Size (NAICS) protest before the agency or SBA
- Contract Terminations Protests
- Bid Protest Appeals
- SBA 8a Terminations & Appeals
- Consultation of protest prevention
Watson & Associates, LLC Advantages
When you decide you use our bid protest services, our attorneys offer you the following benefits:
- Flat rates available for filing
- Get prompt and concise opinion on whether or not to file a protest
- Learn how to avoid possible protest in the future
- You stand a possible chance of reconsideration for the award
- We also offer consulting services on for a flat monthly rate
Experience
Theodore Watson & Associates bid protest practice group is comprised of former government 
contracting officials and program managers. Our experience brings added value to the legal bid protest analysis because we have actually participated in bid awards and source selections on behalf of the government.
- Our attorneys base opinions based on concise legal analysis and precedent
- We understand that sometimes the government does make mistakes
- You will benefit from our cost-effective and flat rate approach
You Do Not Have To Hire a Washington, DC Bid Protest Attorney
Contractors incorrectly believe that they must hire a Washington, DC protest attorney to represent them. Watson & Associates can represent you in a federal case regardless of your state. We are prepared to advance bid protest cases or 8a terminations from contractors in Colorado, Wyoming, New Mexico, Kansas, 
Nebraska, New York, Los Angeles, San Francisco, Chicago, Illinois, Michigan, Pennsylvania, Virginia, North Carolina, South Carolina, Arkansas, Denver, Colorado Springs, Utah, California, Oklahoma, Ohio, Alabama, Maine, Florida, Texas, Nevada, Las Vegas, Georgia, Hawaii, Alaska, Washington, D.C., West Virginia, Florida, Indiana, Washington State, Mississippi, Tennessee, Tampa, Miami, Virgin Islands, Rhode Island, Vermont, Wisconsin, Minnesota, Missouri, Virginia, Delaware, Connecticut, Arizona, New Hampshire, Massachusetts, and Montana. Call us at 720.941.7200.
Other Government Contract Services
- Government contracts law
- GSA schedules
- Federal Construction Projects,
- Contract law,
- Government contracts consulting
- RFP & Proposal Consulting
- Outside counsel services
Know the Rules of Filing a Protest
Now that you are considering filing a protest or appealing an SBA 8a termination, knowing the basic ground rules is very important. This area of law can be very complex. Having an attorney that can quickly get to the legal issues can save you a lot of headaches in the long run. Asking yourself the following questions can be helpful:
- Was the award substantively or procedurally defective?
- Did the government follow the criteria set forth in the solicitation?
- Do you have reason to believe that you were incorrectly eliminated from the competitive process?
Eligibility
You must have standing to file a protest. The legal terminology is that you must be an “interested party.”
You Stand a better chance if you are in competitive range or stand a chance of getting the contract.
SBA 8a Terminations and Appeals
Another problem that arises is SBA 8a program termination. Watson & Associates, LLC also represent small businesses that were notified of an early graduation from the 8a program or intent to terminate. We offer:
- Case analysis and review
- Response to the Initial Recommendation to Terminate
- Appeal to OHA
Time is of the Essence When Filing a Protest
A bid protest shall be filed not later than 10 days after the basis of protest is known or should have been known (whichever is earlier), with the exception of protests challenging a procurement conducted on the basis of competitive proposals under which a debriefing is requested and, when requested, is required. Other limitations apply to SBA 8a terminations or appeal to OHA.
In such cases, with respect to any protest basis which is known or should have been known either before or as a result of the debriefing, the initial protest shall not be filed before the debriefing date offered to the protester, but shall be filed not later than 10 days after the date on which the debriefing is held.
What does this really mean? As soon as you know about the award, the clock starts to tick. Don’t simply think that whenever you ask for any debriefing that you are automatically saved from the 10 day requirement. For example, see In the Matter of: RTI Technologies, LLC, B-401075, the Protest was untimely under GAO’s Bid Protest Regulations, where a protest on the same grounds was initially filed at the agency and denied, and filed with GAO more than 10 days after receipt of the denial.
Limitations in GAO Bid Protest
Knowing the rules is key. Your lawyer should advice you that you cannot file a protest for the following reasons:
- Contract administration. The administration of an existing contract is within the discretion of the contracting agency. Disputes between a contractor and the agency are resolved pursuant to the disputes clause of the contract and the Contract Disputes Act of 1978. 41 U.S.C. 601-613
- Small Business Administration issues. If you are protesting a firm’s size standard, this form of protest should be filed with the SBA and not GAO.
- Small business size standards and standard industrial classification. Challenges of established size standards or the size status of particular firms, and challenges of the selected standard industrial classification may be reviewed solely by the Small Business Administration. 15 U.S.C. 637(b) (6).
- Small Business Certificate of Competency Program.
- Procurements under sec. 8(a) of the Small Business Act. As bid protest lawyers, we are frequently approached for 8(a) awards and bid protests. The general rule is that GAO will not review this form of bid appeal unless there is a showing of bad faith by the government or that regulations have been violated. 15 U.S.C. 637(a).
- Affirmative determination of responsibility by the contracting officer. Filing a protest to challenge the contracting officer’s determination is a high hurdle to cross. The exceptions are protests that allege that definitive responsibility criteria in the solicitation were not met and those that identify evidence raising serious concerns that, in reaching a particular responsibility determination, the contracting officer unreasonably failed to consider available relevant information or otherwise violated statute or regulation. Our bid protest attorneys can further explain this matter.
- Protests which lack a detailed statement of the legal and factual grounds of protest or which fail to clearly state legally sufficient grounds of protest. This is where you can benefit firm having a bid protest attorney on board your team.
- Procurements by agencies other than Federal agencies as defined by sec. 3 of the Federal Property and Administrative Services Act of 1949, 40 U.S.C. 472.Protests of procurements or proposed procurements by agencies such as the U.S. Postal Service, the Federal Deposit Insurance Corporation, and non appropriated fund activities are beyond GAO’s bid protest jurisdiction as established in 31 U.S.C. 3551-3556
- Suspensions and debarments
- Competitive range. GAO will not consider protests asserting that the protester’s proposal should not have been included or kept in the competitive range
Importance of a Debriefing
As soon as you find out that you lost the bid award, ask the government for a debriefing. Do not send letters asking for explanations or letters with vague information. Be very specific and with a request for debriefing. Request it within 3 days. If done correctly, the 10 day filing requirement is usually tolled (suspended) until you receive the debrief.
Filing the Protest on Time is Your Most Critical Concern
You, or your bid protest attorney, must file the protest with GAO within 10 days after learning why you lost the bid award. If you are considering filing, it is not to your advantage to contact an attorney when a few days have already past. YOU MUST ACT QUICKLY!
GAO Only Can Give You Certain Remedies
When GAO determines that a solicitation, cancellation of a solicitation, termination of a contract, proposed award, or award does not comply with statute or regulation, it shall recommend that the contracting agency implement any combination of the following remedies:
- Refrain from exercising options under the contract;
- Terminate the contract;
- Recomplete the contract;
- Issue a new solicitation;
- Award a contract consistent with statute and regulation; or
- Such other recommendation(s) as GAO determines necessary to promote compliance.
Get Concise and Meticulous Bid Protest Representation
To stand a chance at prevailing in a government contract bid protest, a brief must be supported by prior cases and factual data on the record. Once a contractor makes a decision to proceed, our attorneys prepare a brief that is compelling and supported by law. Our meticulous approach allows us to review the solicitation, your bid submission and apply the law to the situation. As a small firm, our concise and meticulous representation is equal or superior to that of the larger firms.
NAICs Size Protests Challenges are Handled Differently
After a federal contract bidder, usually a small business, wins a contract award, another bidder may challenge the ability of the contract winner to successfully perform the work without help from another contractor (the larger business, of course). This is referred to as a size protest. Either the contracting officer or an interested bidder can file a protest to the SBA. Theodore Watson & Associates lawyers provide experienced size protest defense.
Ostensible Contractor Rule: The ostensible contractor rule is typically the analysis for which the SBA makes a size determination after a size protest is filed. After looking at whether the small business has unduly relied on another contractor, a totality of the circumstance test will produce the end result. Theodore Watson & Associates protest lawyers can provide immediate help on this topic.
Contact us Today - Protect your Bid Protests Rights
If you believe that your bid rights are at risk, immediately contact us online, or call 720.941.7200.
Attorneys: Peter Ford Theodore Watson Lorraine Stark
Additional online resources:
Our new Government Contracts website Federal Acquisition Regulation Central Contractor Registration Federal Contract Opportunities Office of Federal Procurement Policy Office of Federal Contract Compliance Programs Our government contract consulting services Department of Agriculture U.S. Supreme Court
We are prepared to advance bid protest cases from contractors in Colorado, Wyoming, New Mexico, Kansas, Nebraska, New York, Los Angeles, San Francisco, Chicago, Illinois, Michigan, Pennsylvania, Virginia, North Carolina, South Carolina, Arkansas, Denver, Colorado Springs, Utah, California, Oklahoma, Ohio, Alabama, Maine, Florida, Texas, Nevada, Las Vegas, Georgia, Hawaii, Alaska, Washington, D.C., West Virginia, Florida, Indiana, Washington State, Mississippi, Tennessee, Tampa, Miami, Virgin Islands, Rhode Island, Vermont, Wisconsin, Minnesota, Missouri, Virginia, Delaware, Connecticut, Arizona, New Hampshire, Massachusetts, and Montana Bid protest lawyers.
