How can a contractor protest the unfair denial of a contract award?

FAQ

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Answer: The statutes and regulations require that all responsible contractors be permitted to compete for award on a fair and equal basis. They also provide for opportunities for small and disadvantaged businesses.

A contractor has several options to protest an unfair denial of contract or other government failure to follow applicable statutes and regulations:

1. The contractor may protest directly to the agency under procedures established in the agency's regulations, 48 C.F.R. chapters 2 through 57. This may stop contract performance until the protest is decided.

2. The contractor may file a protest with the General Accounting Office ("GAO"), as provided in the 31 U.S.C.S 3551 et seq. and 4 C.F.R. S 21. A protest filed within 10 calendar days of a contract award generally will stop contract performance until the protest is decided.

3. The contractor may file a lawsuit in the United States Court of Federal Claims challenging government agency violations of statutes and regulations. The contractor may also file a lawsuit in a United States District Court seeking judicial review of improper agency actions under the Administrative Procedure Act.
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