Bid Protests

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When an agency makes a flawed procurement decision, a bid protest can put a contract back in play. Baker, Cronogue, Tolle & Werfel represents offerors challenging solicitations, exclusions and award decisions, and awardees defending the contracts they have won, before the agency, the U.S. Government Accountability Office (GAO), the U.S. Court of Federal Claims and the Small Business Administration (SBA).

Where protests are filed

• The agency. An agency-level protest under FAR 33.103 is often the fastest and least expensive option.
• The Government Accountability Office. GAO must decide a protest within 100 days, and a timely protest generally triggers an automatic stay of contract award or performance.
• The U.S. Court of Federal Claims. The court can hear pre-award and post-award protests, allows a fuller record and can issue injunctions.
• The Small Business Administration. Size and socioeconomic status protests challenge whether an apparent awardee qualifies for a set-aside.

Deadlines are short

Most GAO protests must be filed within 10 days after the protester knew or should have known the basis for protest. Problems with the terms of a solicitation generally must be raised before proposals are due. To obtain the automatic stay, a post-award protest must usually be filed within 10 days after award or within 5 days after a required debriefing. SBA size protests are due within 5 business days after notice of the apparent awardee. Missing a deadline can forfeit a strong case, so contact counsel as soon as you learn of a problem.

Task order protests

Protests of task and delivery orders are limited. GAO can generally hear them only for orders above $35 million for Department of Defense agencies and $10 million for civilian agencies, or where the order increases the scope, period or maximum value of the underlying contract.

How we help

• Evaluating whether a protest is worth filing and choosing the right forum
• Requesting and preparing for debriefings
• Drafting protests, comments and supplemental protests
• Representing awardees as intervenors
• Negotiating corrective action

Questions clients ask

How long do I have to file a bid protest at GAO? Most GAO protests must be filed within 10 days after you knew or should have known the basis for protest. If the problem is in the solicitation itself, you must protest before proposals are due. In a negotiated procurement where you timely requested a required debriefing, the 10 days run from the debriefing.

What is the automatic stay, and how do I get it? If you file at GAO within 10 days after award, or within 5 days after a required debriefing date offered, whichever is later, the agency generally must withhold award or suspend performance while GAO decides the protest. Miss that window and the awardee keeps working.

How long does a GAO protest take? GAO must decide within 100 days of filing. The agency report is due in 30 days and the protester's comments 10 days after that. Many protests end sooner because the agency takes corrective action.

How often do protests succeed? In fiscal year 2025, GAO reported that 52 percent of protests produced some relief for the protester, either a sustained protest or voluntary corrective action by the agency. GAO sustained 14 percent of the protests it decided on the merits.

Should I protest at GAO or the Court of Federal Claims? GAO is faster, less expensive and triggers an automatic stay. The Court of Federal Claims offers a fuller record and a judge's decision, and can hear some protests GAO cannot, but there is no automatic stay. The right choice depends on the issues, the contract's value and the timing.

We won the award and a competitor protested. What should we do? Intervene promptly. The agency defends its decision, but its interests are not the same as yours. As intervenor, your counsel can review the protected record, ask GAO to dismiss weak grounds and protect your award if the agency considers corrective action.

For more on bid protests, visit GAOProtests.com.