With billions of dollars at stake in one procurement alone, or the future viability of a company hanging in the balance of a single contract award, federal Government procurements are highly competitive. And, as these procurements have been increasingly the subject of bid protests – which can alter both the terms of the solicitation or the outcome of the evaluation – contractors simply cannot afford to be ignorant of the bid protest strategies, process, and procedures. Did you realize that this right to protest was put in place to give all offerors an opportunity to ensure a fair and objective chance at competing for and winning government business? Did you know that protests are not just for large business and lawyers – they are important for all contractors seeking to do business with the government? And, most importantly, did you know that if you aren’t aware of the procurement rules and your own rights to challenge, you could lose your ability to protest?

Because of the significant role bid protests play in your company’s business as a government contractor, you might be interested in reading the 2010-2011 edition primer on bid protests by Crowell & Moring’s own contributing editors, Partner Amy Laderberg O’Sullivan and Counsel Puja Satiani. This book explains the key advance-planning, decision-making, litigation, and litigation avoidance practice pointers for bid protests before an agency, the U.S. Government Accountability Office (GAO), and the U.S. Court of Federal Claims.  It also offers guidance for newcomers on the fundamentals of where and how to protest and provides information on substantive developments for seasoned practitioners. Before filing a protest, the book explains:

  • How to maximize the information obtained during a debriefing;
  • Considerations that must be weighed when deciding whether to protest; and
  • Advantages and disadvantages of the three forums.

The book also explains the full lifecycle of a protest and the related procedural requirements, including:

  • Jurisdictional issues such as timeliness traps and standing concerns;
  • Protective orders and associated pitfalls;
  • Development of a protest, such as shaping the scope of the agency record;
  • The standard of review applied by the adjudicator;
  • Potential outcomes, including corrective action, withdrawal, or decision, and the types of relief available; and
  • Options available after an unfavorable decision.

The book is available from West Publishing at http://west.thomson.com/productdetail/160715/40769688/productdetail.aspx.  . Using the book as a course manual, Amy and Puja also teach a full day seminar on bid protests for Federal Publications. Details and on-line registration for the seminar are available at: http://www.fedpubseminars.com/Basics/Government-Contracts-Bid-Protests-Practice-Procedure-and-Strategy/.