Federal Contracting Bid Protest Attorneys in Dallas, TX
If you believe a federal contract was awarded unfairly or unlawfully, you may have the right to file a bid protest. Federal law allows unsuccessful bidders to challenge procurement decisions to ensure fairness, transparency, and integrity in the government contracting process.
Bid protests are governed by the Federal Acquisition Regulation (FAR) and the Defense Federal Acquisition Regulation Supplement (DFARS). An unsuccessful bidder may file a protest with:
- The procuring agency
- The U.S. Government Accountability Office (GAO)
- The United States Court of Federal Claims
Agency protests are governed by FAR §33.103. They must be concise, logically presented, and include the protester’s contact information, solicitation or contract number, legal and factual grounds, and a request for a ruling. Protests must be timely—generally before bid opening or proposal submission deadlines. The protester bears the burden of proof: a mere hunch that something may be fishy or corrupt is not enough. If the agency denies the protest, the protester may escalate the matter to the GAO or the Court of Federal Claims.
GAO protests are governed by 4 C.F.R. §21. Protests must be filed within specific timeframes, such as 10 days after the basis of the protest is known or should have been known. The statute is very short, requiring the protester to speak up without delay. The GAO reviews statutory or regulatory violations but does not consider matters such as contract administration or small business size determinations.
Court of Federal Claims protests are filed under 28 U.S.C.A §1491. The court applies Administrative Procedure Act (APA) standards, requiring the protester to prove that agency actions were arbitrary, capricious, an abuse of discretion, or otherwise not in accordance with law. The burden of proof is preponderance of the evidence, meaning the protester must show it is more likely than not that the agency acted unlawfully.
Why Bid Protests Are Important
Bid protests are designed to protect the fundamental fairness and integrity of the federal procurement system. They are designed to catch fishy agency behavior. A timely bid protest preserves and protects unsuccessful bidders’ rights in the procurement process and provides a step-by-step method to challenge what may be unfair bidding procedures, practices or irregularities. Bid protest procedures give contractors a fair, independent, and objective forum to press their concerns.
Why Choose Coleman Jackson, P.C. For Your Bid Protest Hearing
Our Dallas-based government contracts attorneys understand that bid protests are high-stakes proceedings. We help protesters by:
- Reviewing all facts and circumstances to identify legal and factual grounds for protest, such as violations of FAR provisions or improprieties in the solicitation or award process.
- Drafting protest documents pursuant to FAR and APA standards and filing in the appropriate venue.
- Reviewing documents and assisting in marshaling evidence to meet the burden of proof, including demonstrating prejudice, timeliness, and other requirements under procurement law.
- Vigorously representing protesters before administrative agencies and judicial forums.
Get Expert Representation for Your Bid Protest
Contact the experienced Government Contracts Attorneys at Coleman Jackson, Professional Corporation today at (214) 599-0431 for help with your bid protest.
