Procurement

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.

BidFinds Government Contracting Team
December 26, 2025
11 min read

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.

10
Days to File
100
Day GAO Decision
CICA
Stay Required
20%
Sustain Rate

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

Flawed Evaluation - Agency didn't follow stated criteria
Unequal Treatment - Offerors treated differently
Defective Solicitation - Ambiguous or unduly restrictive terms
Best Value Determination - Flawed source selection decision
Organizational Conflict - Awardee has unfair advantage

Protest Procedures

GAO Protest Timeline

1

File Protest (Day 0)

Within 10 days of knowing grounds

2

Agency Report (Day 30)

Agency provides contracting record

3

Comments (Day 40)

Protester submits comments on report

4

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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