A bid protest is a formal challenge to the award of a contract in a procurement process. It is a way for an unsuccessful bidder to challenge the award of a contract to another party, alleging that the procurement process was unfair or that the winning bidder was not qualified to receive the contract.
There are several steps to drafting a bid protest:
- Review the procurement documents: Before drafting a protest, it is important to carefully review the solicitation documents, including (for example) the request for proposals (RFP), bid instructions, and any amendments. This will help you understand the requirements for the contract and the grounds for protesting the award.
- Determine the grounds for the protest: There are several grounds on which a bid protest can be based, including:
- The solicitation process was not conducted in accordance with the procurement laws and regulations.
- The evaluation of bids was not conducted in accordance with the solicitation criteria.
- The award was not made in accordance with outlined evaluation criteria.
- Gather evidence to support the protest: In order to succeed in a bid protest, you will need to provide evidence to support your allegations. This may include documents such as the solicitation documents, bid evaluations, and any communications with the contracting agency.
- Draft the protest: The protest should be a clear and concise document that outlines the grounds for the protest and the evidence to support it. It should also include any relevant legal citations and a request for relief, such as a request for the contract to be re-awarded to your company.
- File the protest: In most cases, bid protests must be filed with the procurement consulting agency within a certain time period after the award of the contract. The time period may vary depending on the procurement laws and regulations applicable to the contract.
We always recommend consulting with procurement professionals at Procurement.co before drafting your protest.
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