GAO bid protest procedures and Contract Disputes Act claims process concepts in federal contracting.
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- What is the primary role of the Government Accountability Office (GAO) in federal contracting?
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To hear and decide bid protests challenging federal procurement decisions.- Who has standing to file a bid protest at the GAO?
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An interested party, typically an actual or prospective bidder or offeror adversely affected by a procurement action.- What is the deadline for filing a GAO bid protest?
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Within 10 calendar days after the protester knows or should know the grounds for the protest.- What must an agency do when a GAO protest is filed?
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File an agency report within 30 days setting forth the facts, law, and prior related determinations.- What are the primary grounds for challenging a procurement at the GAO?
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Technical deficiencies in evaluation, past performance rating errors, price analysis failures, improper source selection, or procedural violations.- What is the stay-of-performance rule in federal contracting?
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The agency must halt contract performance (unless specifically exempted) while a protest is pending before the GAO.- What is competitive harm in protest law?
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The protester must show that the alleged deficiency in the procurement prejudiced or could prejudice their competitive position.- When can a party request a preliminary injunction during a GAO protest?
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When seeking to preserve the status quo during the pendency of the protest; must show irreparable injury.- What is an agency responsibility report (AR) in GAO protests?
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The agency's written response to a protest filing facts, law, prior decisions, and a position statement within 30 days.- How do GAO protest rules differ before award versus after award?
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Pre-award protests challenge the competitive process; post-award protests must typically challenge whether the award was proper given the procurement record.- Can an offeror protest its own proposal for nonresponsiveness?
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No, a protester may not challenge the procedural treatment of its own proposal.- What remedy does GAO typically award if a protest is sustained?
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GAO may recommend that the agency terminate the contract, re-evaluate proposals, re-compete, or award to the protester.- What is the standard of review for GAO bid protests?
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The protester must affirmatively prove that a procurement action violates statute, regulation, or agency policy.- Are GAO decisions binding on the procuring agency?
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No, GAO decisions are advisory; the agency must consider the decision but has final authority over procurement actions.- What is the Contract Disputes Act (CDA)?
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The primary federal statute governing disputes between contractors and government agencies over contract claims, decisions, and appeals.
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