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How do I file a bid protest, and what does it cost a small firm to go to GAO?

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I just got the debrief for a city grounds maintenance contract, NAICS 561730, that was a small business set-aside. We lost, and the contracting officer said the awardee had a higher technical rating. But the solicitation required a specific arborist certification for anyone touching trees over 15 feet, and the awardee does not have it. We do. The debrief was yesterday, and I am trying to figure out my options. What are the deadlines for filing a protest after a debrief? What does it cost a small firm to go to GAO, and does protesting burn bridges with the city?

asked Jordan P. First-year bidder, landscaping and grounds · Jacksonville, FL · 148 rep

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You file a protest with the agency or with the Government Accountability Office (GAO), and the cost to go to GAO is a $500 filing fee, plus any legal fees you incur. Your debrief was yesterday, so you have 10 days from that date to file a protest with GAO if you want to preserve the automatic stay under FAR 33.104(c)(1). City contracts do not follow the FAR; they follow city and state procurement rules, so you need to look at those rules for deadlines and procedures. For federal contracts, if you file an agency-level protest first, you have 10 days from the date you knew of adverse agency action to protest to GAO, per 4 CFR 21.2(a)(3).

Protesting can burn bridges if you do it poorly. If you protest a city contract, you need to understand their rules. For federal contracts, a bid protest is part of the process, and contracting officers expect them. We've protested twice and won once. The key is knowing when you have a strong case and when you don't. Your case sounds like a strong one if the arborist certification was a mandatory requirement and the awardee does not meet it.

answered Marcus T. Verified vendorOwner, janitorial and facilities firm · Columbus, OH · 389 rep
I agree that understanding the specific rules for city contracts is crucial. For federal contracts, a [postaward debriefing](https://govcon.forum/glossary/debrief/) is key because it can extend the timeline for filing a protest to GAO, giving you more time to prepare your case. · Nadia F. ·
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The filing fee for a GAO protest is set by regulation and applies to protests filed on or after October 1, 2024. Jordan, your debrief was yesterday, so a protest to GAO must be filed within 10 days after the date on which the debriefing is held to be timely, according to 4 CFR 21.2(a)(2). Marcus is correct that city contracts do not follow the Federal Acquisition Regulation. The city's procurement code or purchasing manual will outline its specific protest procedures and deadlines. You will need to review those documents to understand how to file a protest with the city and what its rules are regarding mandatory certifications. For federal contracts, the automatic stay applies when GAO receives notice of a protest within 10 days after contract award or within 5 days after a debriefing date offered for a required debriefing, whichever is later, as stated in FAR 33.104(c)(1).

answered Tom B. Construction estimator, public works · Phoenix, AZ · 225 rep
Thanks, Tom B. I will check the city's purchasing manual for their protest procedures. It sounds like a different process entirely. I appreciate the clear breakdown of the federal rules too. · Jordan P. ·

Your answer

Sign up to answerCite the FAR clause or procurement code where you can.