The Power of GAO Contract Protests: A Guide for Contractors

GAO (Government Accountability Office) contract protests have become an essential tool for contractors to challenge the award of federal government contracts. As a contractor, understanding the process and the potential benefits of filing a GAO protest can be crucial for protecting your business interests.

Why GAO Contract Protests Matter

GAO contract protests provide an avenue for contractors to challenge the award of a federal government contract. The GAO has the authority to review government contract awards and determine if they were conducted in accordance with procurement laws and regulations. This means that if you believe that a contract award was made unfairly or unlawfully, you have the opportunity to seek recourse through the GAO protest process.

Benefits of Filing a GAO Protest

Some benefits filing GAO contract protest include:

Benefit	Description
Potential for Contract Award Reversal	If the GAO finds merit in your protest and sustains it, the contract award may be reversed, and the agency may be required to reevaluate the procurement process.
Increased Chance of Contract Award	By challenging an unfair contract award, you may increase your chances of being awarded the contract or receiving compensation for the damages incurred due to the improper award.
Enhanced Government Accountability	By holding government agencies accountable for their procurement actions, GAO protests contribute to the overall integrity of the federal procurement process.

Recent Cases and Statistics

The impact GAO contract protests seen Recent Cases and Statistics. In 2020, the GAO sustained protests in 15% of cases, indicating that a significant number of protests have merit.

Steps to Filing a GAO Protest

The process of filing a GAO contract protest involves specific steps and deadlines. It crucial adhere requirements ensure success protest. Here main steps involved:

1. Filing protest within timeline specified solicitation
2. Complying GAO`s rules regulations preparing submitting protest
3. Engaging legal counsel expertise government contracts procurement law

GAO contract protests are a powerful tool for contractors to challenge unfair or unlawful federal government contract awards. By understanding the process and potential benefits, contractors can protect their business interests and contribute to the integrity of the federal procurement system.

 

Professional Legal Contract: GAO Contract Protest

This Contract is entered into as of the Effective Date by and between the parties identified hereinafter.

Contract

This Contract is made and entered into as of the Effective Date, by and between the parties identified hereinafter, for the purpose of setting forth the terms and conditions of the GAO Contract Protest.

Clause 1 – Definitions
1.1. “GAO” refers to the Government Accountability Office.
1.2. “Contract Protest” refers to a formal objection to a government procurement process conducted by the GAO.
1.3. “Effective Date” refers to the date on which this Contract is executed by all parties.

Clause 2 – Purpose
2.1. The purpose of this Contract is to outline the procedures and obligations of the parties in relation to a GAO Contract Protest.
2.2. This Contract shall govern the rights and responsibilities of the parties with respect to the GAO Contract Protest process.

Clause 3 – Procedures
3.1. The party wishing to file a GAO Contract Protest shall provide written notice to the other party within five (5) business days of becoming aware of the grounds for the protest.
3.2. The parties shall engage in good faith negotiations to resolve the protest without formal legal action.
3.3. If the protest is not resolved through negotiations, the protesting party may file a formal protest with the GAO in accordance with applicable laws and regulations.

Clause 4 – Governing Law
4.1. This Contract dispute arising GAO Contract Protest shall governed construed accordance laws jurisdiction protest filed.

 

Top 10 Legal Questions About GAO Contract Protests

Question	Answer
1. What is a GAO contract protest?	A GAO contract protest is a formal challenge to the award or proposed award of a federal government contract, typically filed with the Government Accountability Office (GAO). It allows bidders who believe treated unfairly procurement process seek review agency’s decision.
2. What are the grounds for filing a GAO contract protest?	Grounds for filing a GAO contract protest can include allegations of unequal treatment, lack of meaningful discussions, unreasonable technical evaluations, and much more.
3. What is the timeline for filing a GAO contract protest?	The timeline for filing a GAO contract protest is typically within 10 days of when the protester knew or should have known of the basis for protest, or within 10 days of when the debriefing is held, whichever is later.
4. What is the process for resolving a GAO contract protest?	The GAO review protest agency’s response, issue decision within 100 days when protest filed. The decision may sustain the protest, deny it, or recommend corrective action.
5. What are the potential outcomes of a GAO contract protest?	The potential outcomes GAO contract protest include agency’s voluntary corrective action, sustained protest resulting award overturned, protest denied.
6. Can I request a debriefing after my GAO protest is denied?	Yes, request debriefing understand agency’s evaluation proposal, even if GAO protest denied.
7. What are the costs associated with filing a GAO contract protest?	The costs can include attorney fees, administrative costs, and the potential for the government to recover its costs if the protest is deemed frivolous.
8. Can I file a GAO protest if I am not the incumbent contractor?	Yes, any interested party, including a bidder who did not win the contract, can file a GAO protest if they believe they were prejudiced in the procurement process.
9. What are the potential risks of filing a GAO contract protest?	The potential risks include damaging relationships with the agency, incurring legal fees, and the risk of the protest being deemed frivolous.
10. Should I seek legal representation for a GAO contract protest?	Seeking legal representation for a GAO contract protest can be crucial, as an experienced attorney can help navigate the complex rules and procedures, and present a strong case on your behalf.