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Understanding Bid Protests for Government Contracts

Updated: May 2, 2023


At Weitz Morgan, our government contract attorneys have extensive experience in representing clients in bid protests for government contracts. Understanding the difference between the Government Accountability Office (GAO) and the Court of Federal Claims is crucial for businesses seeking to challenge a government contract award.



Basics of How GAO and Court of Federal Claims Work


The GAO is an independent agency tasked with reviewing bid protests related to government contracts. GAO protests are filed directly with the agency and are typically resolved within 100 days. The GAO has the power to recommend that the contract be re-bid or that a contract award be canceled.


The Court of Federal Claims is a specialized court that hears bid protests related to government contracts. Court of Federal Claims protests are filed in federal court and typically involve a longer process than GAO protests. The court has the power to enjoin contract performance or award damages to the protester.


Choosing Between GAO and Court of Federal Claims


Deciding whether to file a bid protest with the GAO or Court of Federal Claims depends on a variety of factors, including the specific details of the case, the desired outcome, and the timeline for resolution. Our government contract attorneys can help businesses navigate this decision-making process and choose the best option for their needs.


The Flow of a Bid Protest


The basic procedures for a bid protest involve filing a written protest, providing notice to the agency, and participating in the protest process. The flow of a bid protest can be complex, and it is important to have an experienced government contract attorney on your side to guide you through the process and protect your interests.


At Weitz Morgan, our government contract attorneys are well-versed in the nuances of bid protests for government contracts. We understand the intricacies of the GAO and Court of Federal Claims processes and can provide guidance on the best course of action for businesses seeking to challenge a government contract award.


If you are considering a bid protest for a government contract, it is essential to have experienced legal representation on your side. Our attorneys can provide a thorough assessment of your case, guide you through the protest process, and work tirelessly to protect your interests.


Contact us today to schedule a consultation with one of our knowledgeable government contract attorneys and learn more about how we can help you navigate the complexities of bid protests for government contracts.


For a deeper comparison of bid protests at the GAO versus the COFC, read the extended version of this article titled The Difference Between GAO and Court of Federal Claims Bid Protests.


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