Government Contract Protests Guide 2025: GAO, COFC & Agency Protests
Complete guide to government contract protests. Learn when to protest, GAO vs Court of Federal Claims procedures, protest grounds, and strategies for successful protests.
Quick Answer: Contract Protests
A contract protest is a legal challenge to a government contracting decision. Protests can be filed at the agency, GAO, or Court of Federal Claims. Time limits are strict—typically 10 days from knowing the grounds for protest.
What is a Contract Protest?
A bid protest challenges the solicitation terms or the agency's contract award decision. Protests are a key mechanism for ensuring fair competition and holding agencies accountable.
When to Consider Protesting
- →Solicitation terms are unfair or ambiguous
- →Agency didn't follow evaluation criteria
- →Award was made to non-responsive offeror
- →Discussions were unequal or misleading
Protest Forums
Agency-Level Protest
Pros
- • No filing fee
- • Fastest resolution
- • Can preserve GAO rights
Cons
- • Agency is judge and party
- • No automatic stay
- • Less formal procedures
GAO Protest
Pros
- • Independent review
- • Automatic stay if timely
- • 100-day decision
Cons
- • No discovery
- • Paper record only
- • Advisory only
Court of Federal Claims
Pros
- • Full discovery available
- • Binding decision
- • Broader remedies
Cons
- • More expensive
- • Longer timeline
- • Must show standing
Common Protest Grounds
Bases for Protest
Protest Procedures
GAO Protest Timeline
File Protest (Day 0)
Within 10 days of knowing grounds
Agency Report (Day 30)
Agency provides contracting record
Comments (Day 40)
Protester submits comments on report
GAO Decision (Day 100)
GAO issues decision
Protest Remedies
If Protest is Sustained
- ✓Re-evaluate proposals
- ✓Reopen discussions
- ✓Terminate awarded contract
- ✓Award to protester
- ✓Bid preparation costs
Frequently Asked Questions
How much does a protest cost?
GAO has no filing fee, but attorney costs can range from $25,000 to $100,000+. COFC requires filing fees and typically costs more due to longer procedures.
What is prejudice?
To succeed, you must show the error prejudiced you—meaning you had a substantial chance of receiving the award but for the error.
Should I always protest a loss?
No. Protests are expensive and time-consuming. Get a debriefing first, assess the merits carefully, and consider the relationship impact. Only protest with strong grounds.
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