GAO Bid Protests

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Founded in 1984, the lawyers of Baker, Cronogue, Tolle & Werfel  collectively have over 200 years of legal experience focused on Government Contracts.  A substantial part of the firm's work is filing and defending protests before the U.S. Government Accountability Office (GAO).  

The firm has successfully handled numerous protests on behalf of clients challenging contract awards, their exclusion from the competitive range, and those seeking to retain awarded contracts.  Whether you are considering filing a protest or a protest has been filed against a contract which you have been awarded, our experienced bid protest lawyers can help with effective and affordable legal services.  

Utilizing the services of an attorney familiar with government contracts and the protest process can be the difference between success and failure. Engaging an attorney is often necessary because most protests are subject to protective orders, which prevent protesting companies from seeing vital information such as proposals and evaluations. Quickly engaging a qualified attorney is important due to the short filing deadlines for protests.

1.  Explaining the time restrictions for filing a protest and what to expect from the process. Protests filed within strict deadlines may require the procuring agency to suspend the contract award or performance. 

2.  Identifying and evaluating potential protest grounds. If you do not raise an issue in your initial protest, you may be unable to raise it later. 

3.  Choosing the appropriate forum for filing a protest. The forum could be the agency, the GAO, the Court of Federal Claims, or the Small Business Administration (SBA). Certain issues have to be filed with the SBA, while others must be filed in the other forums. Which forum you choose will impact the cost and timing of the protest. 

4.  Determining if you are entitled to a debriefing, and what impact that may have on your potential protest. 

5.  Preparing a protest submission which complies with the regulatory requirements, includes all appropriate protest grounds, and cites to relevant agency and court cases. 

6.  Interacting with the various attorneys representing the agency, the GAO, the SBA, and other companies involved in the protest. 

7.  Responding to various filings by the agency and opposing parties, such as motions to dismiss and objections to discovery requests. 

8.  Reviewing documents provided by the agency. A supplemental protest may be necessary because additional grounds of protest are often discovered during review of the documents provided by the agency. Companies typically do not have direct access to the documents because they may be subject to a protective order. In such instances only your attorney will be allowed to review the documents. 

9.  If you are the awardee and someone has protested your award, we can explain to you why you should intervene in the protest.