A bid protest is a formal challenge to how an agency ran a procurement — the terms of a solicitation, the exclusion of an offer, or an award decision. Protests are an important check on the system, but they are not a routine part of losing. This guide explains the basics so you can recognize when one might be worth discussing with a qualified attorney. It is not legal advice.
Where protests can be filed
FAR subpart 33.1 describes three forums:
- The agency (FAR 33.103). Agency-level protests are filed with the contracting officer or as the agency's procedures allow. They are usually less formal and less costly.
- The Government Accountability Office (FAR 33.104 and GAO's rules at 4 CFR part 21). GAO decides protests on a fixed timeline and is widely used.
- The U.S. Court of Federal Claims, a federal court with jurisdiction over bid protests.
Only an "interested party" can protest at GAO — an actual or prospective bidder or offeror whose direct economic interest would be affected by the award or failure to award a contract (4 CFR 21.0).
GAO deadlines are short and strict
GAO's timeliness rules (4 CFR 21.2) are the most important thing to know:
- Solicitation problems apparent before the due date must be protested before bid opening or the time set for receipt of initial proposals.
- Other protests must generally be filed within 10 days after the basis of protest is known or should have been known, whichever is earlier.
- When a required debriefing is requested in a procurement based on competitive proposals, protest grounds known before or as a result of the debriefing must be filed no earlier than the offered debriefing date and no later than 10 days after the debriefing is held.
- After an agency-level protest, a GAO protest must be filed within 10 days of actual or constructive knowledge of the agency's initial adverse action.
GAO's rules say days are calendar days, with deadlines that fall on a weekend or federal holiday extended to the next business day (4 CFR 21.0(d)). Protests are filed electronically through GAO's Electronic Protest Docketing System, and a document is filed on a given day if received by 5:30 p.m. Eastern Time.
The automatic stay
When a protest is filed with GAO, the agency may be required to withhold award or suspend performance (4 CFR 21.6, implementing 31 U.S.C. 3553). Under FAR 33.104(c), the suspension requirement applies after award when the agency receives notice of the protest within 10 days after contract award, or within 5 days after a required debriefing date offered to the protester, whichever is later. Agencies can override the stay in limited circumstances with a written determination.
How long GAO takes
GAO must issue a decision within 100 days after a protest is filed, or 65 days under its express option (4 CFR 21.9). Many protests end sooner — for example, when an agency takes corrective action such as re-evaluating proposals.
Common grounds — and common mistakes
Protests often allege that an agency evaluated proposals inconsistently with the solicitation's stated criteria, treated offerors unequally, or failed to document a reasonable basis for its decision. Protests rarely succeed when they simply disagree with the agency's judgment, raise issues that should have been raised before proposals were due, or are filed late.
Orders under IDIQs
Protest rights for task and delivery orders are limited. Under FAR 16.505(a)(10), they are generally not protestable except on grounds that the order increases the scope, period or maximum value of the contract, or for orders above statutory dollar thresholds, which may only be protested at GAO. See IDIQs and task orders.
Size and status protests are different
Challenges to whether a competitor is small, or qualifies for a set-aside program, go to SBA under SBA's rules and deadlines, not to GAO. See size standards.
Should you protest?
- Get a debriefing first where available. It often answers your questions and protects your timeline. See debriefings.
- Weigh the relationship. Protests are a legitimate right, but consider the customer relationship and your realistic chance of a different outcome.
- Weigh the cost. GAO protests can be filed without a lawyer, but complex protests and protective orders usually benefit from counsel. Court of Federal Claims cases require an attorney for companies.
- Move fast. If you are considering a protest, talk to qualified counsel immediately. Deadlines are counted in days.
Agency-level protests
An agency-level protest can be a faster, less formal way to raise a concern, and it can preserve your ability to go to GAO afterward if you file timely. Follow the agency's procedures in FAR 33.103 and the solicitation.
Frequently asked questions
How long do I have to file a GAO protest?
Generally 10 days after you knew or should have known the basis of protest, but solicitation defects must be protested before proposals are due, and special rules apply when a required debriefing is requested. See 4 CFR 21.2.
Do I need a lawyer to protest at GAO?
No, but many protesters use counsel, particularly when access to protected information under a protective order is important. Companies need an attorney at the Court of Federal Claims.
Will filing a protest stop the contract?
A timely GAO protest can trigger an automatic stay of award or performance under 31 U.S.C. 3553, which agencies may override only in limited circumstances.
Where do I challenge a competitor's small business size?
With SBA, through a size protest under SBA's rules — not at GAO.
This guide is general information, not legal advice. Rules change — always check the solicitation and the official sources linked here.