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Bid Protests & Disputes

Plain-language definitions of every Bid Protests & Disputes term that shows up in government contracting work.


Bid Protests & Disputes

Agency-Level Protest

An agency-level protest is a challenge to a federal procurement decision filed directly with the contracting agency rather than the GAO or Court of Federal Claims.

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Bid Protests & Disputes

Bid Protest

A bid protest is a formal challenge filed by an offeror who believes a government procurement was conducted improperly or that an award decision was flawed.

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Bid Protests & DisputesBCA

Board of Contract Appeals

A Board of Contract Appeals is an independent quasi-judicial tribunal that hears contractor appeals of contracting officer final decisions under the Contract Disputes Act, with the ASBCA and CBCA being the two principal boards.

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Bid Protests & DisputesCDA

Contract Disputes Act (CDA)

The Contract Disputes Act establishes the legal framework for resolving disputes between federal contractors and the government, requiring a contracting officer final decision before formal appeal.

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Bid Protests & Disputes

Corrective Action

Corrective action is the remedial step an agency takes in response to a sustained or voluntarily resolved bid protest, which may include reevaluating proposals or resolicitating the requirement.

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Bid Protests & DisputesCOFC Protest

Court of Federal Claims Protest

A Court of Federal Claims protest is a bid protest filed in federal court seeking injunctive relief against an improper contract award, offering broader discovery than the GAO forum.

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Bid Protests & Disputes

GAO Bid Protest

A GAO bid protest is a formal challenge to a federal contract award filed with the Government Accountability Office, resolved within 100 days under CICA.

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Bid Protests & Disputes

Interested Party

An interested party is a contractor or prospective offeror with a direct economic interest in a federal procurement, which is the threshold standing requirement to file a bid protest.

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Bid Protests & Disputes

Intervenor

An intervenor in a GAO bid protest is the awardee of the challenged contract, who participates in the protest proceedings to defend the award made in its favor.

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Bid Protests & Disputes

Override of Stay

An override of stay is a formal agency head determination that urgent and compelling circumstances justify resuming contract performance despite an active GAO bid protest stay.

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Bid Protests & Disputes

Post-Award Protest

A post-award protest challenges a federal contract award decision, typically filed within 10 days of the award notice or debriefing to preserve the automatic stay right.

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Bid Protests & Disputes

Pre-Award Protest

A pre-award protest challenges a solicitation's terms, evaluation criteria, or set-aside designation before a contract is awarded, seeking to correct the procurement before proposals are due.

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Bid Protests & Disputes

Protective Order

A protective order in a GAO bid protest restricts access to sensitive procurement documents, such as the awardee's proposal, to outside counsel only, preventing disclosure to the protester's business staff.

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Bid Protests & Disputes

Protest Decision

A protest decision is the GAO's written ruling on a bid protest, issued within 100 days, which is publicly available and constitutes a detailed record of how the agency evaluated competing proposals.

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Bid Protests & Disputes

Protest Denied

A protest denied is a GAO ruling that finds the government's procurement was conducted in accordance with applicable law and regulations, upholding the original contract award.

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Bid Protests & Disputes

Protest Sustained

A protest sustained is a GAO ruling that finds a federal procurement was conducted improperly and recommends corrective action such as reevaluation of proposals or resolicitation.

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Bid Protests & Disputes

Protest Timeliness

Protest timeliness rules set strict deadlines, typically 10 calendar days, for filing a federal bid protest, after which the right to an automatic stay may be lost.

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