Bid Protests & Dispute Resolutions In Federal Contracting

Recent changes to the Federal Acquisition Regulation (FAR) give contracting officers more discretion to limit bid protest arguments and remove some non-statutory provisions. So far, these changes are modest for bid protests. Notably, if a contractor files a protest with an agency, the FAR now requires the agency to provide a redacted copy of the Source Selection Decision and allow the protester to submit additional information.

Below is an overview of the options available to contractors for filing a protest, depending on the cost and complexity of the bid.

Understanding Bid Protests

Where can you protest?

• Agency-level protests [FAR 33.103]. This is often the fastest, least formal route. File within 10 days of when the issue is known or should have been known. The content must be concise and include the protestor’s information, solicitation/contract number, detailed legal/factual grounds with supporting documents, timeliness, interested-party status and the relief requested.
• Government Accountability Office (GAO) [4 C.F.R. Part 21]. This is a more formal avenue of protest and is due by 5:30pm EST on the due date. According to 4 CFR 21.2 Time for Filing, the due date for a protest submitted to the Government Accountability Office depends on the type of protest:
  • Pre-Award Protests (Solicitation Issues): Protests must be filed before bid opening or the closing date for receipt of proposals.
  • Post-Award Protests (Award Issues): Protests must be filed within 10 calendar days after the protester knew or should have known the basis for the protest.
  • Protests following a Required Debriefing (for negotiated procurements): Protests must be filed within 10 calendar days after the debriefing is held.
  • Stay of Award or Performance: Protest must be filed within 10 days after contract award or within 5 days after a required debriefing, whichever is later.
  As with Agency-level protests, contractors should include contact information, identifiers, detailed legal and factual grounds, evidence of interested-party status and timeliness, and a request for a Comptroller General ruling and specific relief. Contractors should also consider seeking a protective order.
• U.S Court of Federal Claims (COFC) under the Tucker Act [28 U.C. Par.1491(b)]. Relief is awarded by injunction/declaratory judgement.

When do you use each of the above listed avenues to protest?

When should you file a protest?

If you identify problems in the contract’s requirements, such as unclear instructions or confusing specifications, you need to file your protest before the deadline for submitting bids or proposals. 

For Agency-level and GAO protests, you should file within 10 days of when you knew or should have known that there was an issue. When a required debriefing is requested and conducted, a GAO protest will be considered timely if it is filed within 10 days following the conclusion of the debriefing. Additionally, an automatic suspension of contract award or performance under the Competition in Contracting Act (CICA) stay will apply if the GAO notifies the agency within 5 days after the debriefing concludes.  

If you missed the GAO deadline or have a complicated case:

• You can file your protest with the U.S. Court of Federal Claims (COFC), which doesn’t have the same strict 10-day rule as GAO.
• COFC can issue court orders to stop contract work, while GAO can only make recommendations.
• If your case needs more evidence or live testimony, COFC is better equipped to handle it.
• You can also go to COFC if you want to challenge the government’s decision to keep working despite a protest, or if you want to appeal a GAO decision you disagree with.

Understanding the Contract Disputes Act (CDA)

FAR 33.204 encourages resolving issues at the contracting officer (CO) level and using Alternative Dispute Resolution (ADR) to the maximum extent practicable. It is a voluntary, non-judicial method of resolving disputes without full litigation or formal appeals.

Under the CDA, contractors should submit a written claim to the CO within six years of accrual of the work (the statute of limitations), meaning the contractor has six years from the date they knew or should have known about the government’s breach of contract to submit a written claim to the CO.  

Consider the following scenario of delayed payment for completed work:

A contractor completed a portion of work under a federal contract on October 1, 2019. The government accepted the work but did not pay the contractor for the completed portion. The contractor repeatedly requested payment, but the government didn’t respond or provide payment. The claim accrues when the contractor knew or should have known that payment was due and the government failed to pay. In this case, the accrual date is October 1, 2019, when the work was accepted and payment became due. The contractor must submit a written claim to the contracting officer by October 1, 2025 (six years from the accrual date). The claim would be barred by the statute of limitations under the CDA if the claim is submitted on or after October 2, 2025.

After the CO’s decision, you have 90 days to appeal to a Board of Contract Appeals (ASBCA/CBCA) or 12 months to file at COFC.

Best Practices for Bid Protests and Dispute Resolutions

• If preserving a CICA stay is critical, aim for a timely GAO filing; if you need broader injunctive remedies or record development, consider COFC.
• Leverage the debriefing: Ask targeted questions; capture every discrepancy contemporaneously to anchor GAO timeliness and stay strategy.
• File a tight narrative: Lead with the error(s) in the solicitation, cite solicitation language and evaluation criteria, and quantify prejudice (how the error changed your competitive standing).
• Protect sensitive data: Use GAO protective orders so outside counsel can review source-selection material without compromising proprietary information.
• When disputing performance issues, document early and often. Keep a contemporaneous record of government directives, schedule/cost impacts, and requests for equitable adjustments. Elevate to a CDA claim and consider ADR before positions harden.
• Understand that missing the 10-day protest clock or 5-day stay window or the 90-day/12-month CDA appeal windows can forfeit remedies.