When to Protest: Thoughts on Challenging a Defective Solicitation

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Two pieces of advice I often provide to government contractors are:

1.When responding to a solicitation, give the government precisely what it asks for – right down to the letter.  This includes providing the information in the correct section of your proposal.  The agency will not play hide-and-seek; and

2.  If you think there is something askew with a procurement or award decision – act fast.  There are lots of different deadlines enforced by GAO, but they all come and go very quickly.  A contractor typically must act within 10 days of when it knows (or should have known) of a protestable issue.  An even shorter timeline (5 days) applies in order to obtain an often essential stay of contract award and/or performance.

These concepts converge when it comes to bid protests related to defective solicitation terms.  GAO Bid Protest Rule 21.2(a)(1) states that a protest alleging improprieties or errors on a solicitation that are apparent on the face of the solicitation must be filed prior to bid opening or the closing date for the receipt of initial proposals.

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