Bid Protests
Bid Protest Regulations
In today's competitive marketplace, bid protests are an unavoidable part of the contract formation process. Whether you're working at the
Local,
State, or
Government
level, many contractors will experience some form of bid-related dispute. These disputes are called "Protests." Such protests can involve challenges to the solicitation terms, evaluation irregularities or award decisions.
The underlying laws and bid protest regulations provide all bidders the opportunity to challenge agency solicitation and contract award decisions. The Busch Law Firm can help you make sure that government agencies follow these laws and regulations so that procurements are conducted fairly.
Bid Protest Process
Due to the strict time frames in the bid protest process, it is extremely important to involve a bid protest attorney as early as possible. The Busch Law Firm will work closely with you to decide the most efficient and effective approach. This includes:
Analyzing the terms of a solicitation;
Determining if there appears to be potential for a contested award, either by you or competing contractor;
Monitoring the competition;
Keeping the essential, detailed analytical records of the solicitation; and
Documenting the bid decision and approach to the solicitation evaluation factors.
Most importantly, we will help you to understand every term of the solicitation in order to submit an effective bid. Our training and experience with bid protests, the workings of the bid protest process and the Government's procurement strategies gives you the greatest chance of winning and keeping an award.
Pre-Award Protests & Post-Award Protests
There are different circumstances for the use of a pre-award or post-award bid protest. Most importantly, the timing and standard of proof are very unique to what you want to accomplish.
Pre-Award Protests are used to challenge the solicitation terms. Possible issues are that the solicitation is:
Restrictive;
Ambiguous; or
Technically incorrect.
A Pre-Award Protest must be submitted before the due date for proposals or those issues are waived.
Post-Award Protests challenge the evaluation and bases for award. Possible theories of recovery could include:
Best Value determination;
Evaluation process; or
Abuse of Discretion.
These protest challenges must be submitted to the Agency within 10 calendar days from when you first knew the "adverse information."
Clearly, time is of the essence and early involvement is absolutely necessary. There are no time extensions.
Protest Forums
You have a choice of forums to submit your protests. Along with the courts, you can submit an agency protest or a General Accountability Office (GAO) protest. Based upon the circumstances, you must decide the manner in which you intend to pursue these issues.
Government Contract Protests
Many contractors avoid submitting a government contract protest. They believe that the costs, perceived bias of the Government evaluator and fear of retaliation by the awarding agency are reasons not to pursue their legal rights.
Remember, the ability to protest exists to protect the integrity of the competitive process. This will promote competitive pricing and provide better value for the Government. A well-reasoned and supported professional protest is considered "just business" by government professionals - it is not personal.
Bid Protest Attorney
The Busch Law Firm has over 30 years of experience with government procurement and bid protest regulations. In addition to ensuring that the competitive process has been followed, we can also defend you against a disappointed bidder's challenge to a contract you have been awarded.
Our approach is to uncover situations where there is reliable evidence of an agency mistake in the solicitation or evaluation process, or where there appears to be Government bias in the terms of the solicitation or award.
With the Busch Law Firm you get:
Extensive experience in this highly complex area of Bid Protests;
Personnel services and commitment to the goals of the client; and
Depth and diversity of expertise.
One of the biggest mistakes clients make is to not involve an experienced bid protest attorney sufficiently early. Incorrect assessment, lack of documentation and missed deadlines can destroy your chance to make a successful bid protest.
Call the Busch Law Firm at 303-904-9439 for a FREE PHONE CONSULTATION.