You’ve spent precious resources responding to a solicitation, only to learn that your company was not selected for contract award. Under what circumstances should you challenge the government’s decision? Business owners must weigh when, why and how to protest an unfavorable award decision. They must do so strategically, quickly, and in compliance with applicable law.
When to Protest
Typically, a disappointed bidder can challenge an award by filing a formal “protest.” Bid protests challenge the procurement process and the government’s evaluation of competing bids. Key protest issues include whether the awardee was responsible (financially sound) and responsive (met mandatory requirements); whether there were material mistakes in the process (not following evaluation criteria); and whether there are legitimate concerns about conflicts or bias among those evaluating responses.
Procurement officials have wide discretion in awarding contracts, so bid protests can be an uphill battle. They also have wide discretion in responding to bid protests – they can maintain the status quo, cancel the contract, or overturn an award and either rebid the contract or award it to the protester
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