Bid Protests

FH+H attorneys have extensive experience assisting federal contractors in pursuing bid protests before a variety of forums.

Filing a bid protest once carried a stigma, but today they are an integral part of the government contract landscape. The key is in only protesting when it makes the best legal AND business sense and, if a protest is filed, to do so in a way that does not adversely impact a contractor’s ability to win contracts from that agency in the future. A protest win that irreparably damages the relationship with the agency is a hollow victory.

Services + Solutions

The bid protest process is one of the most important tools available to government contractors. Federal contractors who believe the government improperly awarded a contract to a competitor may file a protest before one of several different forums. Protests often delay performance of a contract until they are resolved. Acting quickly is imperative, as contractors forfeit many of their protest rights if they fail to meet very short and strict deadlines. Our bid protest team can help clients:

  • Prepare for written or oral debriefings, including drafting questions and coaching client personnel who will participate in the debriefing
  • Attend oral debriefings held at the agency site
  • Analyze and submit bid protests to federal agencies, the Government Accountability Office (GAO), the Court of Federal Claims, the Federal Aviation Administration’s (FAA) Office of Dispute Resolution for Acquisition (ODRA) and other boards where relevant
  • Pursue protests addressing a wide variety of issues, including sole source contracts, small business set-asides, organizational conflicts of interest, Federal Supply Schedule contracts, task orders under ID/IQ contracts, unreasonable past performance or technical evaluations, and cost-technical tradeoffs
  • Represent awardees in interventions to protect their contract award where another contractor has protested the award
  • Participate in alternative dispute resolution before ODRA
  • Advise on the benefits and disadvantages of filing a protest, and counsel on protest alternatives

Experience + Capabilities

FH+H attorneys have represented a wide variety of contractors in bid protests before a number of different agencies. From a multibillion dollar international construction equipment company, to a midsize provider of health care information technology services, to a small company providing aviation support to the Forest Service’s wildfire response program, FH+H provides scalable expert services to fit each particular client and its unique circumstances.

  • FH+H attorneys have participated in dozens of bid protests before the GAO, ODRA, the Court of Federal Claims, the Contract Boards of Appeals, and numerous agencies.
  • FH+H clients include many government contractors, ranging from start-ups to multi-billion dollar defense titans
  • An FH+H attorney serves as a regular contributor to the Washington Business Journal, writing a weekly article on recent GAO bid protest decisions and their relevance to the contracting community

Successes + Clients

Note: Case results depend on a variety of unique factors, and do not guarantee or predict similar results for future cases.

  • Successfully intervened on behalf of an awardee before the Court of Federal Claims, after the outgoing incumbent protested before both the GAO and the Court of Federal Claims
  • Won a decisive victory in a multi-million dollar ODRA bid protest after arguing that the FAA had engaged in anti-competitive procurement activities for over ten years. ODRA ruled that the FAA’s procurement process violated the AMS and required that the FAA reissue the solicitation in a way that provided for more competition. The ruling allowed FH+H’s client to compete for contracts from which it had been precluded for over a decade. Read the decision here.
  • Protested on behalf of an 8(a) graduate after the agency sought to keep the requirement in the 8(a) program but failed to adhere to regulatory requirements in offering the requirement to the SBA
  • Successfully intervened on behalf of a mid-sized contractor facing a bid protest by one of the largest government contractors
  • Participated in outcome-determinative alternative dispute resolution before the GAO, resulting in a partial sustainment and the award of attorneys’ fees to our client
  • Successfully achieved congressional intervention in a protest that was dismissed for technical grounds which resulted in the termination of the award and re-competition

To learn more about how FH+H lawyers can help with your bid protest issue, please contact one of our professionals.