Bid Protest - Who May Protest

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Who May Protest

By law, a GAO protest must be filed by an "interested party," which means an actual or prospective bidder or offeror with a direct economic interest in the procurement. 4 C.F.R. § 21.0(a). In challenges of the evaluation of proposals and the award of contracts, this generally means an offeror that would potentially be in line for award if the protest were sustained.

Although many parties retain an attorney in order to benefit from the attorney's familiarity with GAO's bid protest process and with procurement statutes and regulations, an attorney is not required for purposes of filing a protest. However, where the record includes another company's proprietary information or the agency's source-selection-sensitive information, only attorneys will be allowed to see that information (and then only if the attorneys are admitted under a protective order, as discussed below)[1].

Related Topics and Pages

Bid Protest - What to Protest

Bid Protest - Preparation of a Protest

Bid Protest - When to Protest

Bid Protest - Where to Send a Protest

Related Links

http://www.gao.gov/decisions/bidpro/bid/filing.html

  1. http://www.gao.gov/decisions/bidpro/bid/filing.html -- February 11, 2014