How To File An Agency Protest?

First you must present your factors in a concise and logical format so that the contracting agency can review for protest.  If you fail to present your facts in this matter the agency may elect to dismiss the protest.  And we don’t want that. 

Your protest should include the following information:

Name, Address, Fax and Telephone numbers of the Protester. The Contract or Solicitation Number. A detailed statement of the legal and factual grounds for the protest. You must include a description of resulting prejudice to the protester. Include copies of any relevant documents. You must request a ruling by the agency. Also include a form of relief. You must establish yourself as an interested party. You must establish that this protest is timely. You must address the protest to the contracting officer or other official designated to receive protests. You have the right to request an independent review of your protest at a level above the contracting officer. All solicitations should advise potential bidders and offerors that this review is available. The official does not have to be within the contracting officer’s supervisory chain.  When it is practicable the office should not have been previously involved in the procurement.  If there is an agency appellate review of the contracting officer’s decision on the protest, it will not extend GAO’s timeliness requirements.  You still must file your protest with GAO within that 10-day timeline.

Now remember that protests based on alleged improprieties in a solicitation must be file before bid opening or the closing date for receipt of proposals.  All other protests must be filed no later than 10 days after the basis of protest is known or should have been know, whichever is earlier.  In addition, the agency can determine that a protest was raised from issues significant to their acquisition system may consider the merits of this protest which was not filed within the specified time frames.

What Happens After the Government Receives my Protest?

The Government cannot award the contract once they receive your protest.  That is of course, unless the contract award if justified.  In order to justify the contract award, the Government needs to put into writing its urgent and compelling reasons or its determination that it is in the Governments best interest to do so.  This determination or justification needs to be approved at a level above the contracting officer or by another official depending on the agency procedures.

 

The contracting officer will inform those contractors who submitted bids that they might become eligible for contract award pending the outcome of the protest.  In order to avoid the need for re-solicitation, the contracting officer will reach out to the bidders to extend the acceptance time.

 

The Government can depending on the urgent need of the supplies or services made a determination that it is in the best interest of the government to award the contract without waiting for the resolution of the protest.  Otherwise, the government will suspend all contracting actions until the protest has been resolved.

 

The agency protest does not extend the time for obtaining a stay at GAO.  Agencies may include as part of the agency protest process a voluntary suspension period when the agency protests are denied and the protester files with GAO. 

 

No one wants to see a protest on a contract award including the contracting activity.  The contracting activity will do their best to resolve agency protests within 35 days after the protest is filed.  That is to the ext3nt permitted by law and regulations.  During this time the parties may exchange relevant information.

 

Once the agency has reached a decision on the protest, they need to explain their position to the protester.  This explanation needs to be logical and will also provide a method of acknowledgement of receipt by the protester.

 

But wait, what if I want to file my protest with GAO.  That is what we will be discussing next.