Protest
A protest is a formal objection filed by a vendor challenging the outcome of a government procurement process, based on evaluation errors, bias, or procedural violations.
What Is a Procurement Protest?
A protest is a formal objection filed by a vendor who believes a government procurement process was conducted unfairly or incorrectly. Protests challenge the award decision itself or the process that led to it.
The right to protest exists because government procurement is meant to be transparent and fair. If an agency deviates from its published evaluation criteria, gives one vendor preferential access, or makes mathematical errors in scoring, affected vendors have legal recourse.
Grounds for Protest
- Evaluation errors. Scores were calculated incorrectly or criteria were applied inconsistently.
- Bias or conflict of interest. An evaluator had a relationship with the winning vendor.
- Procedural violations. The agency did not follow its own procurement rules or published timeline.
- Ambiguous requirements. The RFP requirements were unclear and the agency interpreted them in a way that favored one vendor.
- Unjustified sole source. The agency awarded without competition when competition was feasible.
The Protest Process
- Vendor files protest. Must be filed within the jurisdiction's protest window, typically 5 to 10 business days after the award notice.
- Agency reviews. The procurement office reviews the protest, examines the evaluation record, and may interview evaluators.
- Decision. The agency either upholds the award, overturns it, or re-evaluates. Some jurisdictions have independent review boards.
- Appeal (if available). If the vendor disagrees with the agency's decision, some jurisdictions allow appeal to a state procurement board or court.
When to Protest
| Protest When | Do Not Protest When |
|---|---|
| Evaluation scores do not match published criteria | You simply lost to a better proposal |
| You have evidence of bias or conflict of interest | You dislike the outcome but see no procedural error |
| The agency changed rules mid-process | The price difference was too large to overcome |
| Required steps were skipped | You want to damage a competitor's reputation |
Protests in SLED vs. Federal
Federal protests go to the Government Accountability Office (GAO) or the Court of Federal Claims. SLED protests are governed by state and local procurement codes, which vary significantly. Some jurisdictions have well-defined protest procedures; others are less formal.
Regardless of jurisdiction, filing a protest is a serious step. It can delay the contract, strain the agency relationship, and cost legal fees. Only protest when you have genuine grounds and evidence.
Frequently Asked Questions
What is a procurement protest?
A protest is a formal objection filed by a vendor challenging a government procurement decision. Grounds include evaluation errors, bias, procedural violations, or unjustified sole-source awards.
How long do you have to file a protest?
Most jurisdictions require protests within 5 to 10 business days after the award notice. Check the specific jurisdiction's procurement code for exact deadlines.
Can a protest overturn a government contract award?
Yes. If the agency finds the protest has merit, it can overturn the award, re-evaluate proposals, or re-solicit the contract. The specific remedy depends on the nature of the error.
Should you protest every time you lose a government bid?
No. Only protest when you have genuine grounds: evaluation errors, bias, or procedural violations. Frivolous protests damage your reputation with the agency and waste resources.
Where do SLED procurement protests go?
SLED protests are filed with the issuing agency's procurement office. Some jurisdictions have independent review boards. Procedures vary by state and local procurement code, unlike federal protests which go to the GAO.