Bid Protests

Watson & Associates government contract lawyers provide vigorous and extensive bid protest representation. Our attorneys defend and challenge contract awards and solicitations before appropriate bid protest forum. We also represent federal contractors challenging of defending size protests before the SBA.

Government contract bid protesting is unique in that you normally don’t sue the customer in the commercial world if you disagree with the bid award. However, disappointed bidders in the federal market currently have bid protest options. Generally you can appeal a bid to the agency itself, the General Accounting Office (GAO), and the U.S. Court of Federal Claims. Our government contract law bid protest attorneys advise contractors across the of their rights and understand the realities of the bid protest process.

Government Contract Bid Experience

Watson & Associates bid protest practice section aggressively represents disappointed bidders in protest to the agency, GAO, SBA for size protest or other appropriate forums.

Our managing member and attorney, Theodore P. Watson, serves as our head of government contracts relations. As a result of his 20 plus years of working directly for the federal government, part of which he served as the agency contracting and small business head, he clearly understands the bid process and can therefore guide you through the bid protest process.

Our knowledge and actual hands-on experience in federal contracting arms us with the skill and poise to effectively handle high-profile bid protests and to also provide insightful counsel for success, advising on whether to file the protest with the agency or GAO to maximize the chances of success.

Litigation and Counseling

If you are in a position where you have to defend or challenge a federal contract award, you must act quickly. Our bid protest lawyers quickly get to the heart of the matter, discuss the matter in great detail with you and then make a decision on whether or not to pursue litigation.

Industry and Geographical Coverage

Watson & Associates handle bid protests in a wide array of industries. Our clients include construction contractors, supply and service contractors, bid protestors in multi-million dollar contracts; small, medium or large businesses.

We serve national bid protest clients including Colorado, Wyoming, New Mexico, Kansas and Nebraska, New York, Los Angeles, San Francisco, Colorado Springs, Chicago, Illinois, Michigan, Virginia, North Carolina, South Carolina, Arkansas, Denver, Colorado Springs, Utah, California, Oklahoma, Florida, Texas, Alaska, Pennsylvania, Florida, Oklahoma, Washington D.C., Hawaii, Nevada, Las Vegas, Georgia, Ohio, Washington State, Indiana Bid protest law firm, attorneys, lawyers helping you appeal federal bids to GAO.

Bid Protest Process in General

Bid protest lawyers recognize that bid prost timelines is very strict and short. If the protestor does not comply with the strict process and timeline, the rights to a protest will be forever gone. This is why a disappointed bidder must consult with an attorney quickly.

The Court of Federal Claims has adopted procedure governing bid protests before the court. See 28.U.S.C. Section 1491 (b).

Unless a party can show exceptional circumstances, the protest or their attorney must provide at least 24 hours advance notice of a filing a protest to the Department of Justice, the clerk of the U.S. Court of Federal Claims or the Contracting Officer. Feel free to also review the entire content of the GAO bid protest rules at your convenience.

To file a bid protest, you do not have to travel to Wahsington, D.C. Although you are not required to have an attorney to file a protest, should you retain us, we will handle allof the appropriate filings.

Can You File a Protest?

As federal bid protest attorneys, we always have to analyze whether or not you have standing to file a protest. In order to file a protest, you must be an interested party. According to GAO, an interested party is “an actual or prospective bidder whose direct economic interest would be affected by the award of a contract or by the failure to award a contract.” In other words if a contractor is ranked number seven in the competitive range, then the protest may well be dismissed for lack of standing.

Size Protest

Not all protests are brought before the GAO. Sometimes there may be a challenge to the awardee’s NAICs size. You will more than likely need an experience bid protest attorney that understands the rules.

In sum, a protestor will challenge the size the bid winner in that is affiliated with another business (usually a large business) and cannot handle the contract without unduly relying on the large business.

The ostensible contractor rule is typically the analysis for which the SBA makes a size determination. After looking at whether the small business has unduly relied on another contractor, a totality of the circumstance test will produce the end result.

The size standard bid protest group of attorneys at Watson & Associates will challenge or defend an appeal or protest on your behalf.

Bid Protest Decisions

Our bid protest attorneys are frequently asked by contractors how long does it take to get a decision on a bid protest. Generally in a GAO bid protest, the GAO will issue a decision within 100 calendar days after the protest is filed (4 C.F.R. Section 21.9(a). Sometimes, the express option could allow a decision within 65 days. (4 C.F.R. Section 21.10). See recent GAO bid protests in the last 7 days).

What Will GAO Not Review?

When you retain Watson & Associates, our obligation to you is to first determine the basis of your bid protest. As a practical matter GAO will not review:

matters of contract administration that are within the wide discretion of the agency
GAO will not reevaluate proposals. However, in a protest, the GAO will examine the record to determine whether the evaluation was reasonable and consistent with the stated evaluation criteria in the solicitation.
Protest that can not demonstrate that but for the agency’s actions, the protestor would have had a substantial chance of receiving the award. (See McDonald Constr. Servs., B-285980, et al.

What Remedies are allowed from GAO?

GAO, as in most administrative law courts, has limited power. If the GAO determines that the bid award actions were improper, under 4 C.F.R. Section 28. 8(a) it can recommend that the agency: When you retain our experienced bid protest attorneys, we will explain the process and advise you on the pros and cons of filing your appeal.

Refrain from exercising options under the contract
Terminate the contract
Recompete the contract
Issue a new solicitation
Award the bid (contract) consistent with the statute or regulation
such recommendations that GAO deems necessary

Note: GAO does not have the legal authority to direct the agency to award a contract to the protestor. If you are successful in the bid appeal, GAO may however recommend that the agency pay for the protestor’s cost of filing and pursuing the protest. This includes attorney fees and consulting fees. See 4 C.F.R. Section 21.8 (d).

Contact our bid protest lawyers to protect your rights today

Watson & Associates, LLC

1001 South Monaco Parkway, Suite 310

Denver, Colorado 80224

(720) 941 7200

Other Online Resources

Federal Acquisition Regulations Central Contractor Registration Small Business Administration Federal Contract Opportunities Office of Federal Procurement Policy Office of Federal Contract Compliance Programs Our government contracts consulting services Department of Agriculture Armed Services Board of Contract Appeals GAO U.S. Supreme Court Defense Acquisition Deskbook