Earning a government contract is welcome news, but the excitement is short-lived if a disappointed bidder formally challenges (or “protests”) your award. There is little formal guidance for successful contractors facing such a challenge, but experience has shown that you can protect your interests in the face of a bid protest. Be proactive, promptly intervene as an “interested party” and actively defend your company’s entitlement to the contract award.
- The government does not defend your proposal.
The government’s role during a protest is to ensure that its procurement process followed the law and was in its own best interest. The government may be inclined to stand by its selection of your company, but it has wide discretion and can rebid contracts if the protest is deemed valid. The only way to ensure that your award will be zealously defended is to take charge of its defense. Work with the government to respond to attacks on your proposal and demonstrate that it made the right choice. - The stakes are high.
If the protester succeeds, you could lose your contract. Given your investment in the procurement process and the potential impact on your business revenue, it makes little sense to cede defense of your award and passively await protest results. The stakes are especially high if the protester raises an issue requiring your immediate response to maintain equal footing. For example, if the protester requests a re-scoring of its proposal, you can and should advocate for a re-scoring of your proposal under the same standard.
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