Revolutionary Solutions (Rev-Sols) has received several questions about Pre-Award and Post Award Protests. Team Rev-Sols would like to share some important items to remember. “What is the difference between Pre-award and post-award protests?” For starters, it is important to know that while a pre-award protest challenges the terms of a solicitation, while a post-award protest challenges the Agency’s evaluation of proposals.
Some other essential information your company should be aware of is that Pre-award protests must be filed before the proposal submission deadline. Meanwhile, Post-award protests are to be filed within ten days after the contract award or within five days after a debriefing date offered to the protester under a timely debriefing request in accordance with Federal Regulation Acquisition (FAR) PART 15.505 or 15.506, whichever is later. Companies should consider filing a pre-award protest because it can help small business federal contractors improve their attractiveness under a particular solicitation. A pre-award protest might help restructure the establishment of that procurement to make it more likely for a business to win an award and/or for the terms and conditions within the solicitation to provide for a more level playing field among all potential offerors.
Although there are many different reasons that a pre-award bid can be challenged, the most popular you should be aware of include:
- Violation of a statute or regulation;
- Omitted or ambiguous provisions or clauses;
- Provisions or clauses that do not meet agency needs;
- Unfair restriction of competition;
- Issues with an agency’s evaluation practices;
- Failing to amend solicitations after changing a requirement;
- Intent to modify an award post-award;
- Unreasonable bid cancellation;
- Failing to allow proposal revision after making changes to a solicitation and
- Agency bias.
Post-award protests must be submitted to
- the Agency that issued the solicitation,
- the Government Accountability Office (GAO), or
- the U.S. Court of Federal Claims and in accordance with FAR Part 33.
FAR Part 19.302 and 13 CFR part 121 provides more specific information as it relates to the SBA regulations for small business size protests.
Remember: Everything in this article is general information.
Have Questions About Pre- and Post-Award Protests? Let Us Know
If you have any specific questions regarding Pre-award and Post-award Protest, please contact our Revolutionary Solutions Team who are based out of our Reston, Virginia office. Our goal is to help others learn more about the government contracting process, including proposal development, and inspire them to learn more about the process.
Keep yourself educated, and never stop learning!
Article by Team, Revolutionary Solutions, LLC.
