Procuring agencies must follow certain regulations and norms in the process of identifying their needs, soliciting bids and proposals, and awarding contracts. These activities are subject to administrative review and, in some cases, judicial review at the behest of interested parties.
In the federal marketplace, agencies are required by applicable statutes and regulations to meet the goal of full and open competition. In practice, this requires the establishment of requirements which reflect the agency's actual needs, the publicizing of procurement opportunities, and the solicitation of sources to meet these needs through established channels. Selection of contractors is required to be in accordance with the terms of the solicitation, reasonably based, and in accordance with applicable law.
Sources which have not been successful in being permitted to compete for award, or in receiving award of a contract, may pursue remedies at various stages of the process. Such activities are in the nature of bid protests.
Under established law and regulations, disappointed offerors may be entitled to agency debriefings and specific information concerning why they were not considered or selected for award. These determinations may be challenged within the agency, although in most instances an outside forum such as the Government Accountability Office or the U.S. Court of Federal Claims is selected in order to obtain an independent review of the protest. Remedies may include award of a contract, resolicitation, reevaluation, and recovery of legal fees and proposal preparation costs.
Doyle & Bachman LLP has many years of experience in advising and representing clients in connection with bid protests at the agencies (federal and state), the Government Accountability Office, the U.S. Court of Federal Claims, and U.S. district courts. These services include: