Government Contract Bid Protest Guide 2025: GAO, COFC & Agency Protests
Complete guide to federal bid protests. Learn when and how to protest a government contract award, GAO protest procedures, Court of Federal Claims, and agency-level protests.
Quick Answer: What is a Bid Protest?
A bid protest is a formal challenge to a government contract award or solicitation. If you believe an agency made errors in the procurement process or evaluation, you can file a protest with the Government Accountability Office (GAO), the agency, or the Court of Federal Claims (COFC). GAO sustains about 12-15% of protests.
When to Protest
Not every loss warrants a protest. Consider protesting when:
Valid Protest Grounds
Pre-Award Issues
- • Ambiguous or defective solicitation
- • Restrictive specifications
- • Improper sole source
- • Wrong NAICS code assignment
Post-Award Issues
- • Evaluation errors
- • Unequal treatment
- • Awardee not meeting requirements
- • Improper discussions
Think Before You Protest
Protests are serious. Consider:
- • Do you have strong evidence of error?
- • Would correcting the error change the outcome?
- • Is this an agency you want to work with long-term?
- • Are you prepared for legal costs ($10K-$100K+ for GAO)?
Protest Venues
Agency Level
File with the contracting officer. Fastest resolution, no cost.
- • No filing fee
- • Quick decision
- • No automatic stay
- • Agency decides own case
GAO (Most Common)
Government Accountability Office. Independent review.
- • $150 filing fee
- • 100 days to decision
- • Automatic stay (if timely)
- • Attorney recommended
Court of Federal Claims
Federal court. Binding legal precedent.
- • $402 filing fee
- • Longer timeline
- • TRO for stay
- • Attorney required
GAO Protest Process
Critical Timelines
Pre-Award Protests
Must be filed before proposal due date/bid opening for solicitation issues.
Post-Award Protests
Must be filed within 10 days of award notification (or 10 days after debriefing if requested within 5 days of notification).
File Protest
Submit to GAO via EPDS (Electronic Protest Docketing System). Must include grounds for protest, facts supporting each ground, and requested relief.
Automatic Stay (if timely)
If filed within 10 days of award, contract performance is stayed pending resolution. Work stops or cannot begin.
Agency Report (30 days)
Agency provides administrative record including evaluation documents, proposals (redacted), and contracting officer statement.
Comments (10 days)
Protester files comments on agency report. This is your main opportunity to respond to agency arguments and refine your case.
GAO Decision (100 days)
GAO issues decision: Denied, Sustained, or Dismissed. Sustained decisions recommend corrective action; agency usually complies.
Corrective Action
Agencies often take voluntary corrective action during protest to moot the case. About 40-50% of protests end in corrective action, which may include: re-evaluation, amended solicitation, discussions with offerors, or new source selection.
Agency-Level Protests
Agency protests are filed directly with the contracting officer:
Advantages
- ✓ No filing fee
- ✓ Faster resolution
- ✓ Less formal process
- ✓ May not need attorney
- ✓ Preserves relationship
Disadvantages
- ✗ Agency decides own case
- ✗ No automatic stay
- ✗ Less discovery
- ✗ No binding precedent
- ✗ Shorter timelines
Agency Protest Timeline
Agency protest deadlines vary. Generally must be filed within 10 days of learning grounds for protest (similar to GAO). Check specific agency protest procedures.
Court of Federal Claims Protests
COFC is a federal court with jurisdiction over bid protests:
When to Consider COFC
- ✓GAO denied your protest and you want to appeal
- ✓High-value contract justifies legal expense
- ✓Need binding legal precedent
- ✓Want more extensive discovery
Debriefings
Request a debriefing after every loss. It is your right and provides valuable information:
What Debriefings Provide
- • Your evaluation ratings
- • Strengths and weaknesses identified
- • Overall ranking (in some cases)
- • Evaluation criteria rationale
- • Awardee summary (general)
- • Price comparison
- • Answers to your questions
- • Basis for selection decision
Debriefing Extends Protest Deadline
If you request a debriefing within 3 days of award notification, your protest deadline extends to 10 days after the debriefing. This gives you time to learn grounds for protest.
Frequently Asked Questions
How much does a GAO protest cost?
Filing fee is $150. Attorney fees are the main cost — typically $10,000 to $100,000+ depending on complexity and duration.
Will protesting hurt my relationship with the agency?
Possibly. Some COs hold grudges; others respect well-founded protests. Consider whether this is a long-term customer. Frivolous protests definitely hurt.
Can I represent myself?
Yes, but not recommended for GAO protests. The process is complex and agencies have experienced counsel. An attorney familiar with GAO procedures is valuable.
What happens if I win?
GAO recommends corrective action (re-evaluation, new discussions, new award). You may also recover proposal preparation and protest costs.
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