Court of Federal Claims Bid Protest Lawyers (COFC) & GAO Protest Attorney Services and Federal Circuit Court of Appeals Litigation. Help for Contractors in ALL STATES and Overseas
Get A FREE Initial Consultation. Call 1-866-601-5518.
Awarded federal contracts come with a price. Sometimes the competition decides to challenge federal agencies’ award decisions. This becomes another task that the company must make a decision. Although statistics show that you may stand less than a 20% chance of winning government contracting bid protests, companies still have to weigh the pros and cons when protesting a federal contract award.
Court of Federal Claims Bid Protest Lawyers and GAO Bid Protest Attorney Services
In addition to helping you through the FAR 33 process after award, our Washington DC and Colorado GAO lawyers or COFC bid protest litigation attorneys can help you in the following types of protest including:
- Pre-award protest when you challenge to the terms of a solicitation
- Post award protests
- Sole source justification
- Competition in Contracting Act disputes
- Improper technical proposal evaluations
- Task orders and IDIQ contracts
- Improper trade-off or best value decisions
- Federal Supply Schedule contracts
- CICA automatic stay disputes
- LPTA contract evaluations
- Exclusion from competitive range determinations
- Lack of meaningful discussions and best value
- Cost realism analysis
- Application of Davis Bacon wages
- FAR Changes Clause and Change Orders
- Organizational Conflicts of Interest
- Improper past performance evaluations
- Contractor transition plans
- Disparate treatment and inconsistent evaluations
- Improper best value determinations and cost-technical tradeoffs
- Native American government contracts
- Unduly restrictive RFP requirements
- Small business size standard challenges and appeals
- Conflict of interest… and more
- Government contract appeals to the federal circuit courts
For a Free Confidential Consultation, Speak with an experienced government contracting protest attorney at 1-866-601-5518.
National Reach With Law Offices in Washington DC and Denver Colorado
Watson & Associates’ government contract lawyers file and intervene for small businesses and large DOD contractors seeking to exercise or defend their rights in FAR protest litigation. Legal issues and court procedures can be very complex and confusing.
Courts are not always lenient when a contractor seeks to file a protest of the award without an attorney. At Watson, our government protest law attorneys understand the various substantive legal issues that can arise.
We provide clear direction and counsel to our clients and advise them whether or not there is legal merit to even take the next step. See our representative cases. We provide:
- Thorough legal review of the legal and factual basis of the protest;
- Draft the required protest letters and legal briefs, and
- Represent successful awardees as intervenor or clients who want to initiate either a COFC or GAO protest.
What You Must Prove
Winning a contract protest means sifting through relevant facts, applying statutory or legal authority. Most importantly, law firms have to balance this with the agency’s substantial amount of discretion. All litigants filing a bid protest that the contracting agency’s actions were unreasonable, an abuse of discretion or violated procurement law.
- You have to state a factual and legal reason for filing the protest
- Merely disagreeing with the agency will more than likely get your case dismissed
The question that we try to answer for our clients is whether they can convince the Government Accountability Office (GAO) or the U.S. Court of Federal Claims that the mistakes were unlawful or unreasonable.
- Finding serious government mistakes can get to a corrective action.
- To win an entitlement you must have a convincing showing that the agency just got it wrong.
Government Contracting Bid Protest Litigation Experience
Our government contracting bid protest lawyers use our thirty-plus years of government experience to help contractors to navigate through complex and sometimes confusing bid protest regulations. This includes rules on getting required debriefings, deciding on the best course of action to take. As a government contract law firm, we litigate matters at the Court of Federal Claims and have also litigated protests. We also appeal government contract protest disputes from the Court of Federal Claims to the U.S. Court of Appeals for the Federal Circuit.
GAO and COFC Bid Protest Lawyers and Intervenor Attorneys
Watson & Associates’ CO and DC bid protest law firm also represent clients seeking to intervene, defend and protect their rights in a contract protest filed against the agency. We help contractors to weigh pros and cons of filing as an intervenor.
- Although a protest is a challenge to the agency’s award decision, procurement law allows an intervenor’s government contracts lawyer to step in and have a say.
- Becoming a bid protest intervenor can be advantageous in that the agency does not always see potential arguments to defeat the protest.
- In other circumstances, the government’s interest and source selection evaluation board goals may not be the same as yours.
- As government contract litigation intervenor attorneys, we will be able to have access to a protective order and gain legal insight to where the agency has erred.
- Individuals or companies cannot review source selection sensitive information in the record. Instead, they can only have access to the public version of documents or court documents and redacted version of other files.
Are You Filing Your Case Right Place?
In addition to deciding how to maintaining a respectable relationship with government clients, filing a government contract protest sometimes also means deciding the best strategic place to file. You have the choice of filing an agency protest, GAO protest, Court of Federal Claims bid protest, or SBA Size Protest in the event of challenging a bidder’s small business size status.
An Agency protest is the least expensive to file
However, you must still meet statutory requirements. The downside is that you stand a less chance of convincing the Contracting Officer to reverse her previous decision.
A GAO protest is more common
In this type of litigation, 2015 statistics show that you have a 12% chance of prevailing when you submit a bid protest to GAO’s general counsel. That is where our Washington, D.C. government contract law firm can help you. You can now add meaning to your challenge by having the legal authority to support your position.
Court of Federal Claims litigation is more formal and more expensive
However, the trade-off is that many would argue that the cases filed with this court get a more fair shake. Lawyers from the Department of Justice step in to resolve legal issues, and not agency lawyers.
Bid Protest Filing Deadlines
The general rule is that you must file your protest within the required timeline. Including the GAO protest timeline, you will have ten days to file at the GAO or the Agency. Court of Federal Claims bid protest cases do not have a formal deadline. However, you cannot sit on a case too long before filing. There are several COFC case where the court ruled that the protestor sat on its rights too long.
If you are faced with an adverse action or a GAO protest, you can file a new case at the Court of Federal Claims. Although it is not procedurally a direct appeal from GAO, the decision is binding upon the GAO. Call a federal appeals lawyer today for immediate help.
SBA Size Protests and HUBZone Status SBA Bid Protest Law Firm (Filed at SBA Not GAO)
SBA bid protests and HUBZone Status protests occur when another company challenges another bidder’s small business size standard. Find out more about HUBZone employee requirements. The argument is usually based upon affiliation. You cannot file this type of case at GAO. It will be immediately dismissed. This an area where Watson’s SBA
SBA Bid Protest Lawyers
Not all federal contract protests are filed at the GAO or COFC. When your company’s small business size status is contested, or if you want to challenge the awardee’s status, you have to file an SBA bid protest.
Often referred to as small business size protest, you must file this challenge to the contracting officer within five days after you are aware of the apparent offeror.
If you make a mistake and file this government contracting protest at the wrong location, the courts will not give you another chance to make up untimely protests.
At. Watson & Associates, our SBA bid protest attorneys frequently represent clients in a variety of small business size challenges including:
- Ostensible subcontractor rule violations
- SBA affiliation rules
- Present effect and totality of the circumstances
- SBA size determination appeals to SBA OHA
Visit our Blog to Find Out More About Bid Protests.
Call Us -Washington DC GAO and COFC Bid Protest Lawyers
Get Immediate Help – Filing Deadlines are Short – Free Initial Consultation.
Regardless of whether you are located in Washington, D.C. or another state, we can help when protesting the award of a contract. For legal advice, call our Colorado or Washington DC COFC bid protest law firm and contract protest lawyers at 202-827-9750 or call our main office for a free initial consultation. Call toll-free at 1-866-601-5518. Find out more about the SBA HUBZone Program and how to file a protest.
We Practice Exclusively in the Areas of Federal Law in Washington DC.