Bid Protests

GAO Protest Lawyers & SBA-Size Bid Protest Attorneys

  Federal Bid Protest Lawyers Aggressively Protecting Your Rights.

Filing a bid protest to GAO or in any other form stems from your belief that the agency has not complied with the solicitation requirements. You have a right under federal procurement law to force the agency to justify its actions. Bid protest defense (intervention) is also your right if you are the successfully offeror that is subjected to a challenge. In either situation, bid protest regulations have very short deadlines. You must be able to articulate specific factual and legal allegations to prevent your case from being dismissed. As a government contractor, you must structure your appeal in way that focuses on the agency’s actions.  Given these strict rules , having a bid protest lawyer on your team can improve the strength and credibility of your case.

Get experienced  help with the common issues raised in protests at GAO:

• Non-responsive bids
• Pre-award protest (improper NAICS Code and overly restrictive)
• The Government’s unequal treatment of bidders
• Bid mistakes
• The Government’s failure to conduct meaningful discussions
• Best value procurements, including cost/technical trade-offs
• Cost and/or price realism analyses
• Past performance evaluations
• Organizational and/or personal conflicts of interest
• Restrictive specifications
• Deviations from the announced evaluation criteria
• Unbalanced bidding
• Cardinal changes
• Failure to consider information submitted in your bid proposal
• Improper technical evaluations
• Unsupported trade-off decisions
• Failure to properly apply evaluation criteria set forth in the solicitation
• Failure to conduct meaningful discussions
• Conflict of interest
• Unduly restrictive solicitations
• Improper best value determinations …and more.

We have addressed  protest matters relating to such matters as:

• A challenge to the award of a $53 million contract for products to DOD
• An $8 million contract for the printing and copying services
• Justification of sole source contracts and improper awards
• Size determinations and appeal for janitorial contract based upon affiliation
• Bid protest for violation of the Buy American Act
• Bid protest of $34 million contract for aviation and aircraft parts

Call us at 1-866-601-5518 for immediate representation.

 At Watson & Associates, LLC our law firm can file a protest or  intervene / defend your position and either show GAO why you should keep the contract or why the agency’s decision to award the project should not be upheld. Our attorneys understand the  risks associated with the process. Therefore, we take you concerns very seriously.

You  want to know whether or not you  have a bid protest with sound merit. Watson & Associates help you make the critical decisions. You will get straight answers and aggressive representation in addition to a FLAT RATE.

Get  help through the critical and early stages of filing a bid protest: Companies contesting contract awards need expert guidance simply because contracting agencies often make mistakes.  You will get a thorough review of the merits of your case, legal review for supporting case law, and a thorough bid protest letter filed with GAO. Businesses have to make a crucial decision as to filing or not filing.  You must make informed judgment decisions as to future agency relationships versus the strength and merits of your case. However, federal procurement is filled with complex rules and regulations. A successful protest requires meticulous reasoning, supporting legal authority, and the ability to meet short deadlines. Our attorneys understand the risk of forfeiting the contract and the balance of appealing the request for proposal award. We help you through making the decision to file or not file a protest.  Watson & Associates’ bid-protest team develops a systematic but aggressive approach to the firm’s bid protest practice, which includes:

• Meticulously analyzing your bid proposal for soundness and merit. To evaluate your case, we compare your bid proposal to the RFP award criteria. This methodology enables our attorneys to identify potential legal grounds on which to file contract protests.
• Carefully preparing your bid protest package so it meets procedural guidelines. We ensure your bid protest meets all regulatory requirements and procedural criteria.
• Preparing your bid protest in time. We respect government deadlines and regulations—they are critical and are rarely extended.
• Determining the correct forum You have a choice of tribunals, or judicial forums, with which to file your complaint, depending upon the facts of your case. The various forums are the Government Accountability Office (GAO), the Court of Federal Claims, the agency, or with the SBA.
• Filing credible motions on your behalf. This can include discovery motions and/or meeting other government regulation requirements.
• Providing aggressive bid protest defense. If you are the successful bidder, our lawyers will intervene on your behalf and defend your rights.
• Staying current with the latest bid protest decisions. This will minimize your vulnerability to being blindsided by a member of the opposition who may cite a recent ruling denying your type of protest or otherwise weakening your case.
• Preserving legal arguments for appeal. Failure to preserve legal arguments for appeal can be a land mine awaiting contractors who file protests without the help of a lawyer. This is important for contractors thinking about representing themselves.
• Offering competitive flat rates. Working together with each business, we determine the most sound and most cost-effective solution for each client we serve. We know how expensive traditional bid-protest law firms in Washington D.C. can be. You can now take a more cost-effective route.

You will recieve  a more focused and high-level effort – not to mention cost-effectiveness. In order to properly protect your rights during the bid-protest process, you must present a strong and concise case. Otherwise, the agency will immediately try to get the protest dismissed.  When you choose to challenge an award—or defend one—knowing the GAO bid protest rules becomes a must. See our GAO FAQs.

 

Deadlines are short and decisions must be made quickly:If you believe that an agency has failed to follow the award criteria as set forth in the solicitation, conducted unlawful discussions, or failed to consider important information within your bid proposal, it is important to make a quick decision. The deadlines for filing are extremely short (ten days or less). You can give up your rights if the timelines are not met. In order to maiximize your decision-making process, our law firm can help by offering:

• FREE initial consultations
• Representation to federal contractors, regardless of state
• Prompt turnaround
• Direct and candid advice
• Cost-effective representation (flat rates available)

 

Understanding the nature of bid protests in general: Although federal procurement law offers you rights to challenge agency awards, the appeal process is tricky and complex. Regulations are somewhat brutal for the ill-advised contractor. Watson & Associates LLC’s GAO bid protest practice offers litigation and appeals services with the breadth and depth required to effectively navigate this tricky landscape in federal  procurement. Our law firm has been a respected force nationwide, offering clients wide-ranging experience ranging from bid protest review,  defense / intervention large corporations and small businesses seeking to protect their rights. You have access to more than just traditional attorneys. Instead, we have members that have actually worked for federal contracting agencies and understand the mistakes that source selection authorities make during the award stage.

Federal contract awards are frequently challenged – or  “protested” – either in the U.S. Court of Federal Claims (“COFC”) or before the newly re-named Government Accountability Office (“GAO”), previously known as the General Accounting Office.  Such protests are also filed from time to time directly with the procuring agency, either as a “lower profile,” more “customer friendly” grievance procedure or as a precursor to a more adversarial proceeding at the COFC or GAO.

 

Our Experience Comes from Frequent Litigation and Having Worked on the Other Side

Our bid protest attorneys have a wealth of experience both (a) in challenging the propriety of an award (should our client be an unsuccessful bidder), and (b) in assisting the Government buyer in defending the award (if our client is the awardee – intervention).  Our protest experience includes procurements relating to virtually every federal agency and to products and services that cover the entire spectrum of federal expenditures.  We have handled protests relating to contracts valued in the thousands or millions, and protests involving far more modest contract values.  Our experience enables us to tailor our representation to the individualized needs of the client and the particularized requirements of the procurement that is at issue.  Moreover, because a number of our bid attorneys have actual experience working for federal contracting agencies. We have sat on source selection teams and  we also  understand the mistakes that agencies make.

 

Get guidance in preparing for agency debriefings. Again you must act quickly. Requesting a debriefing must be accomplished IMMEDIATELY after learning of the adverse action or notice of the award.  Our firm can advise you on how to prepare for debriefings and the critical inssues to pay attention to.

If you have just found out that you were the unsuccessful bidder (or you were the awardee), you want to know your rights in the bid protest process. This starts at the debriefing stage. There are a myriad of rules and regulations – not to mention short deadlines. You want to know if the government violated the law. Our bid protest Attorneys can help.

 

Get cost-effective representation and guidance before filing a bid protest. Although not in the big race between attorneys located in Washington D.C., Watson & Associates’ Colorado-based team continues to build trusting relationships with contractors across the country.

Contrary to public perception, GAO protest attorneys can be from any state—not just Washington, D.C. We have developed a widespread reputation as a competitive and reasonably-priced firm of government contract bid protest lawyers. In most cases, we offer a flat rate to file a bid protest on your behalf.

 

 Understanding the Bidding Process is Critical

Bid protest regulations are filled with land mines for those companies that are not familiar with them. Just as businesses must follow specific bidding regulations, government entities also must follow a strict process to determine which company to award contracts to. Before filing a challenge to the award, you must ensure that you understand the process and rules.  As former government contracting personnel, members of the Watson & Associates team have a complete understanding of both sides of these matters. The bid protest process is complex. Our lawyers will protect your interests in all stages of the process, including:

• Requesting government agency reports outlining the bidding process, bids received, and the rationale for awarding the contract.
• Pursuing corrective action by the government agency awarding the contract.
• Protesting the contract bidding process at the General Accounting Office (GAO).
• Filing claims for injunctive relief in Federal Claims Court, if necessary.

When the stakes are high, we protect our clients’ interests when they are wrongly denied government contracts. We also represent (intervening) businesses that have been properly awarded a contract when other companies protest.

 

Filing deadlines are short. Unfortunately, you have no more than ten days to decide whether to file a bid protest (shorter depending on the type of challenge). Given the concise procedural rules and details required to avoid a dismissal, it makes the considerable experience of bid protest attorneys at Watson & Associates all the more important. You will receive:

• Thorough analysis of evaluating chance of success at winning a bid protest
• Solid guidance on whether pursuing a bid protest is in your best interest

 

Where Do You File Your Protest? The first step in a bid protest is determining where to file. We have seen many corporate attorneys who are unfamiliar with bid-protest procedure and have their cases dismissed. Generally, there are three main venues for all contractors, with additional options available for those parties involved with certain agencies or regarding certain types of contracts. These three main venues are: the soliciting government agency itself, the Government Accountability Office (GAO), the agency level, and the Court of Federal Claims. One additional important venue is the SBA for size protests. GAO cannot decide size protest cases.

Making a bid protest at the agency level is the cheapest available alternative, and this may be best if the bid protestor is leery of souring a relationship with the government agency in question. These types of protest are most common in pre-award, and generally have a slim chance of success. At the end of the day, statistics show that agency-level protests are often denied.

The second alternative is the GAO. The GAO is the best venue in most circumstances because they have specialized experience in handling government contracts and bid protests. The GAO’s jurisdiction has recently been expanded to include TSA procurements, and task and delivery contracts worth in excess of $10 million.

The third choice for contractors is the Court of Federal Claims. Typically this option is used when the contracting agency overrides the automatic stay put in place during the GAO process, or if GAO or agency-level deadlines have passed. This process generally is the most expensive, although the decisions are binding.

 

What Can You Protest? Bid protests can be broken down into two categories: pre-award and post-award. Pre-award protests must be filed before the proposals are received by the agency, though it is recommended that a proposal still be submitted to preserve a contractor’s standing in the matter for any future contentions. Following the filing of a protest of this kind, the government agency is prevented from awarding the contract until the matter is resolved, with few exceptions. Some common reasons for filing such a protest are:

• Solicitation is unduly restrictive and overstates agency needs
• Requirements and terms are ambiguous
• Requirements unnecessarily favor one offeror over others
• Agency failure to follow solicitation criteria
• Inappropriate discussions
• Arbitrary technical/price/past-performance evaluations
• Conflict of interest

 

When Do You File a Protest? Post-award protests must be filed within ten days of either the receipt of award notification (or when you knew or should have known of the reason) or the debriefing date. After a protest is filed, the government agency must immediately suspend contract performance.

 

Get Professional Assessment of Your Bid Protest: If you were a bidder on a federal contract, you have rights (even if you may not know them). Given the strict filing criterai, you want to get help with the legal assessment of your case. Failure to accomplish this important step could get your case dismissed.  Our government contract lawyers will educate you on those rights and how to access them. Many companies forfeit their right to challenge an award because they do not know how to appeal or understand the importance of appealing an award. Our GAO bid protest attorneys can appeal negative decisions or defend and challenge contract awards in the following forums:

• Government Accountability Office (GAO)
• Court of Federal Claims
• Agency
• SBA (for small-business size appeals)

 

Avoid Fatal Mistakes Contractors Make When Representing Themselves: This type of litigation is uniquw and sometimes tricky. Given the wide discretion of the agency, plus the fact that contractors can represent themselves, there is an obvious reason why contractors oftem fail at filing bid protests – the odds are against you.  Failing to understand case law is a serious handicap; failing to understand the process and deadlines is yet another.

Watson & Associates’ attorneys will also help defend your award against an unsuccessful bidder who has filed a bid protest.  Many cases are denied because of:

• Misunderstanding the strict rules of procedure
• Failure to correctly state the factual and legal grounds for your protest (failure to accomplish this can get your case dismissed without even being heard)
• Making general allegations without credible evidence or failure to support your bid protest with credible case law
• Not understanding the broad latitude that an agency possesses

 

Intervention  / Defense Help: If your bid protest is in danger of being dismissed or lost, time is critical and you need representation quickly. Government contracting agencies do not necessarily protect bidders’ rights. Our attorneys have years of experience intervening and defending contractors’ positions, and a knowledgeable attorney intervening on your behalf can often argue your case more effectively.

 

Challenging an unsuccessful bid decision: If you unfairly lose a government contract award and are unsure of your rights under bid protest law, you may doubt your ability to successfully challenge an agency’s decision to award a project to another bidder. GAO provides a forum for bidders and offerors seeking federal government contracts who believe contracts have been, or are about to be, awarded in violation of the laws and regulations that govern contracting with the federal government. Watson & Associates’ attorneys can help you determine if a government agency has violated procurement statutes, and if so, we can help you file a bid protest. Upon receiving a bid protest, GAO will decide if a federal agency has complied with statutes and regulations controlling your specific project.

The government contract protest attorneys at Watson & Associates represent bidders and DOD contractors throughout the United States to assess and protect their rights when the government has not complied with the procurement statutes.

Our bid protest lawyers represent contractors by filing a bid protest to the agency, or in other unique circumstances, filing an SBA Size Standard protest (Ostensible Subcontractor) to the Small Business Administration.

Retaining experienced GAO bid protest lawyers or skilled SBA size protest attorneys can make the difference between the success and failure of your desired outcome. As government contracts law firm employees, attorneys at Watson & Associates thoroughly understand the bid protest process and are familiar with all regulations governing the federal procurement and bidding process. Our goal will be to help you to prepare a legally sound bid protest package supported by legal authority and evidence.

 

Disputing Contract Awards: If you did not get  a government contract bid, your company may suffer drastically reduced income, especially if you were the incumbent contractor. The experienced bid protest attorneys at Watson & Associates will provide debriefing guidance on what options remain open to you, such as the likelihood of your success at filing a bid protest. If you decide to file a GAO bid protest, our government contract attorneys will help you meet the tight deadline regulations for doing so. Filing with the Court of Federal Claims is another option. However, although this court seems to provide better decisions, the cost is more expensive.

 

Your case can involve various aspects of Federal Procurement Law: When you contract with government agencies, several regulations and statues may simultaneously apply to your specific case if you file a dispute. For example, HUBZone bidders filing pricing protests to GAO face special rules. Unique rules also apply to teaming agreements, SBA 8a certification, and subcontracting matters when contractors file SBA size-status protests.  Your protest must articulate specific violations of the law. Generalized  or speculative allegations will get your case thrown out. Therefore, any attorney representing you before government agencies must possess intimate knowledge of many government regulations, as Watson & Associates government contract attorneys do.

 

Watson Serves Bid-Protest Clients Nationwide: No Washington, D.C.  attorney needed: Watson & Associates’ GAO bid protest lawyers, government contracts law firm, and SBA size-protest attorneys can provide cost-effective and comprehensive bid protest procedure representation to contractors in Denver, Washington D.C., Alabama, Alaska, Arizona, Arkansas, California, Colorado, Connecticut, Delaware, District of Columbia, Florida, Georgia, Hawaii, Idaho, Illinois, Indiana, Iowa, Kansas, Kentucky, Louisiana, Maine, Maryland, Massachusetts, Michigan, Minnesota, Mississippi, Missouri, Montana, Nebraska, Nevada, New Hampshire, New Jersey, New Mexico, New York, North Carolina, North Dakota, Ohio, Oklahoma, Oregon, Pennsylvania, Rhode Island, South Carolina, South Dakota, Tennessee, Texas, Utah, Vermont, Virginia, Washington,  West Virginia, Wisconsin, Wyoming, and Virgin Islands.

Cities include: San Diego, Dallas, Miami, Atlanta, Anchorage, San Francisco, Denver, Colorado Springs, Indianapolis, Austin, San Antonio, Philadelphia, Santa Clara, San Jose and Chicago.

 

Bid Protest Appeals; If you have reason to believe that there was abuse of discretion, lack of evidence, or other unlawful actions in deciding your bid protest, our bid protest lawyers can also file an appeal on your behalf, although this is a more difficult process . However, when the stakes are high, filing an appeal might be worth the extra effort. Large and complex cases, we join alliances with the larger firms.

 

Contact us for Immediate Help

Get Competitive Rates. Avoid Missing Deadlines. To avoid missing a deadline and to get experienced government contract professionals on your team, contact the GAO protest attorneys at the law firm of Watson & Associates or call toll free 1-866-601-5518.