Should I file a bid protest? A checklist of essential questions and considerations

Government Contracts Alert

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If you’re the CEO or General Counsel for a company, deciding whether to file a bid protest can be difficult.  Many companies are understandably reluctant to fight with a customer over a lost contract, and the payoff for a successful protest is not necessarily a contract award. 

On the other hand, losing a strategically important competition – for reasons that are unclear or unreasonable – may be unacceptable to the company’s stakeholders, particularly in a shrinking market.

What are the questions that a thoughtful CEO or General Counsel should ask in making this decision?  Some questions are obvious and go to the structure and strategic value of the procurement to the company.  Others are more subtle and lead to an informed, business-driven analysis of the risks, costs, and likelihood of success in filing a protest.

DLA Piper and BDO have worked together to develop a checklist that, based on decades of experience, sets forth the essential questions for a CEO or General Counsel to ask before deciding whether to protest.  In short, if we were in your shoes, these are the questions we would ask. 

We hope you find the checklist helpful, and we look forward to assisting you in the future.

See the checklist here