US Supreme CourtThe underlying reason that you want to file a bid protest is that you want a second “bite at the apple.” If you are the successful bidder, then you want to intervene into the protest litigation and protect your own interest.

You have made the decision to file a GAO Protest and you have decided that you will represent yourself. Assuming that you have met the legal requirements, you are now on your way.

But what evidence do you have to show that the agency violated procurement laws, abused its discretion or did not follow the solicitation requirements? This is usually where government contractors find themselves in a tough situation.

One advantage of having a GAO bid protest on your team is having that person become admitted to a Protective Order. This allows the lawyer to physically see agency source selection documents that you cannot see. This type of evidence strengthens and supports your initial allegations.  Without this critical evidence, you merely have an allegation. You chance of winning the bid protest is now very slim.

The key to winning any bid protest is to be able to see what exactly happened during the source selection. Otherwise, your case is week at best. This is especially critical when undisclosed government estimates are involved.

Always remember that contractors generally cannot have access to the “goldmine” called the Protective Order.

Another realistic reason to have a bid protest lawyer on your team is to gain a better understanding of the GAO, Court of Federal Claims, or any other forum must apply the law. This also helps you to further develop your case and strengthen your points.

For immediate assistance with your next bid protest, call our government contract law attorneys at 1-866-601-5518.


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