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?
- To hear and decide bid protests challenging federal procurement decisions.
- Who has standing to file a bid protest at the GAO?
- 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?
- 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?
- 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?
- 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?
- The agency must halt contract performance (unless specifically exempted) while a protest is pending before the GAO.
- What is competitive harm in protest law?
- 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?
- 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?
- 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?
- 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?
- No, a protester may not challenge the procedural treatment of its own proposal.
- What remedy does GAO typically award if a protest is sustained?
- 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?
- The protester must affirmatively prove that a procurement action violates statute, regulation, or agency policy.
- Are GAO decisions binding on the procuring agency?
- 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)?
- The primary federal statute governing disputes between contractors and government agencies over contract claims, decisions, and appeals.
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