(Editor’s Note. Despite the fact that the FAR clearly provides for the opportunity to challenge an award decision many contractors are hesitant to do so. After all, contractors are in the business to win contracts not file protests and so why, they ask, does it make sense to sue their best customer – the federal government. Whether or not to pursue a protest is an important decision. We have come across a good article by Keith Szeliga of Sheppard Mullin Richter & Hamilton LLP in the November 2008 issue of Contract Management so we thought we would visit the issue. We have complemented the article with our own comments stemming from our long experience as employees of firms who had to make similar decisions as well as consultants where clients have asked us for our opinions.)
What do you do if you believe the award decision against you is wrong? You have the option of airing your grievances within the agency by going to the contracting officer and even their superiors. In addition you can protest an award decision to either the General Accountability Office (GAO) or the Court of Federal Claims. If you choose to protest, the GAO will usually be your best choice because you will be given an automatic stay of performance (no work until the GAO resolves the matter) if you file on time while the Court alternative does not, it has more experience with protests and is usually less expensive.
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