While a bid protest may initially seem straightforward — after all, a protest does not even need to be filed in court — it can be anything but simple. The complex laws and regulations surrounding the bid protest process can be challenging to navigate. Working with experienced bid protest lawyers can help your company achieve the best possible outcome in a case.

Here are three key reasons a government contractor should work with an experienced bid protest lawyer if you think a Federal agency has failed to adequately issue a solicitation, establish a proper competitive range, or fairly evaluate your proposal.

Make sure you understand the laws and regulations governing the bid protest process.

One key reason to work with a bid protest lawyer is to ensure you understand the laws and regulations governing the bid protest process. These laws and regulations are complex and nuanced, so having someone on your side who knows the system’s intricacies is essential.

One legal issue where you may need to consult a bid protest lawyer is whether you have standing to file a bid protest. A company only has standing to file a bid protest if it was an actual or prospective bidder. Additionally, the defective bidding process must have adversely affected the company. If either of these components of standing is not met, the bid protest will fail.

An adverse effect cannot be just that you did not win the contract. You need to establish that the bidding process was not fair or impartial. One way to establish this is to show that the contracting agency gave two different bids with different treatments.

Help you choose the right venue for your bid protest.

Before filing a formal bid protest with the General Accounting Office (GAO) or in court, it may be wise to have your counsel approach the federal agency first to attempt a quick, less expensive resolution to the protest. Different agencies have different protest procedures, and a reasonable, less costly first step is having a conversation with or sending a protest letter to the contracting officer.

If your first efforts fail, or if you want to skip filing an agency-level protest or directly negotiating with the awarding agency, choosing the proper venue for filing your bid protest — the GAO or the Court of Federal Claims (COFC) — depends on several factors.

One factor is jurisdiction. The GAO has jurisdiction over most federal contracts valued at more than $10 million, except for procurement contracts for construction, services related to national security, and commercial items. The COFC has jurisdiction over bid protests related to procurement contracts for construction, services related to national security, and procurement contracts for commercial items.

Another factor is remedies. The GAO can recommend that the government take corrective action, but it cannot award damages. If your priority is a fast resolution and equitable relief, your best bet may be to file with the GAO. If you seek a direct financial recovery, the only option is to file in the COFC, which can award damages.

Understand the bid protest filing procedures.

Experienced bid protest lawyers can help you understand the steps to prepare for a bid protest. They will guide you in responding to any allegations against you. They can also help you understand the procedures that are in place for resolving bid protests.

One of the most important aspects of a bid protest involves the protective order. The GAO requires this order at the outset of any new bid protest matter, which prohibits the disclosure of sensitive information during a protest. A protective order allows attorneys admitted to the order to review sensitive information, such as proposals and agency evaluation documents. Only attorneys or consultants retained by them who represent an interested party or intervenor may apply for admission to a GAO protective order. This condition means that a protestor or intervenor who does not have an attorney in a bid protest matter will not be able to access all of the information they need to properly manage the facts in a case.

Another important procedural aspect of filing a bid protest is the timeline. This aspect is where a lawyer can provide invaluable expertise in helping you prepare a compelling appeal to the GAO or COFC. Generally, with some limited exceptions, you only have ten days from the notice of award or after the grounds of protest are known, whichever is later, to file with the GAO. You must also file your protest at the Agency or GAO within ten (10) days of the award to trigger the automatic stay of performance. The timeline is slightly longer with the COFC: 60 days.

If you proceed with a GAO protest, in the event there is not an early resolution or corrective action, you’ll eventually have a hearing before an administrative law judge. During the hearing, you will provide evidence and witness testimony, and you will be able to cross-examine the other side’s witnesses. Bid protest attorneys can help you collect and present the right evidence and ensure you ask the proper questions of witnesses.

Going to court with the COFC raises the stakes — and the expense. You may need to post a bond with the court before proceeding if you seek a stay of the award or a preliminary injunction.

Deadlines in bid protests and COFC cases are strictly enforced. Given the complexity and potential harm from a mistake, it makes sense to hire bid protest counsel.

How a Bid Protest Lawyer Can Help

If you are considering filing a bid protest, an experienced lawyer can help you choose the right venue, meet all the filing requirements, and mount a strong case that may overturn a contracting agency’s award.

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