Post-Award Protest

A post-award protest is a bid protest filed after the government has announced a contract award, challenging the agency's evaluation of proposals, source selection decision, or compliance with the solicitation's evaluation criteria. It is the most common type of protest and, when filed timely, triggers an automatic stay of contract performance.

What is a Post-Award Protest?

Post-award protests challenge how the agency evaluated competing proposals and selected a winner. Common grounds include: the agency assigned evaluation ratings inconsistent with the stated evaluation criteria; the agency held unequal discussions with offerors; the awardee's proposal did not comply with solicitation requirements; or the source selection authority made an unsupported best-value tradeoff decision.

The timing requirement for post-award protests is critical. At the GAO, a protest based on information learned from a debriefing must be filed within 10 calendar days of the date the debriefing was held or made available. A protest based on information in the award notice must be filed within 10 days of when the protester knew or should have known the basis for the claim. Missing this deadline forfeits the right to an automatic CICA stay.

Agencies must provide losing offerors with a written or oral debriefing upon request under FAR 15.506. Requesting and attending a debriefing before filing a protest is standard practice, the debriefing often reveals the specific weaknesses cited in the evaluation, which form the factual basis of the protest. Enhanced debriefings under DoD policy allow written follow-up questions after the initial session.

Why Post-Award Protests matter for government contractors

A successful post-award protest can result in reevaluation, resolicitation, or a new award to the protester. Even when the protest is ultimately denied, the public GAO decision provides detailed insight into the agency's evaluation methodology, intelligence that directly improves the protester's next proposal. Protest data is also a signal: if a contract was protested and sustained, the agency will re-solicit, giving all competitors a second opportunity.

Example

A mid-tier defense IT firm loses a $25 million DoD software development IDIQ to a larger competitor. After requesting a debriefing, the firm learns the agency rated its past performance as "Satisfactory" despite three "Exceptional" CPARS ratings on highly similar work. The firm files a GAO protest within 10 days of the debriefing, arguing the agency's past performance evaluation was irrational. The GAO sustains the protest and directs the agency to reevaluate past performance.

Frequently Asked Questions

When does the 10-day protest deadline start running?

For post-award protests, the 10-day clock begins when the protester knew or should have known the basis for the protest. If you request a debriefing, the clock typically runs from the date the debriefing was held or made available. Document the exact date carefully.

Do I have to attend a debriefing before filing a post-award protest?

No, but it is strongly recommended. A debriefing reveals the agency's written evaluation of your proposal and the awardee's strengths, giving you the specific factual basis for a protest. Filing without this information makes it harder to articulate concrete grounds.

What happens to the winning contractor during a post-award protest?

When a timely protest is filed at the GAO, the CICA automatic stay requires the agency to suspend contract performance. The awardee may not begin substantive contract work until the protest is resolved or the stay is lifted. The awardee may intervene in the protest to defend the award.

Can the agency award the contract to a different company after a sustained protest?

Yes. If the GAO recommends reevaluation, the agency may determine after reevaluation that a different offeror, including the original protester, should receive the award. The agency has some discretion in implementing the GAO's recommended corrective action.