January 19, 2004

FORUM CHOICES IN FEDERAL BID PROTESTS

By Jonathan D. Shaffer
Smith, Pachter, McWhorter and Allen, PLC

A disappointed bidder or offeror on a federal government procurement has several potential choices on where to file a bid protest challenging the award of a contract or the terms of a solicitation. These choices generally include the United States Court of Federal Claims ("the court"), the United States General Accounting Office ("GAO") and the procuring agency.1 Where you file a protest is often a judgment call based on the type of issues presented, expense and timing. This note addresses some of the significant considerations.

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