Nichols Liu has issued a new briefing paper addressing factors to consider before filing a bid protest. Should We Protest? Achieving Success in the Bid Protest Process/ Edition II is designed to inform offerors seeking to decide whether to protest any particular procurement action and, more broadly, to determine their internal postures toward this legal process.
The paper reviews the objectives of pre- and post-award protests in causing an agency to correct its mistake. In addition to examining the latest numbers of GAO and COFC protests and outcomes, the paper also lists common agency mistakes and corrective actions taken. The lists give an idea of the standards offerors should expect from an agency in conducting its solicitation process as well as possible outcomes. The paper concludes with lists of considerations and legal questions to address in making a protest decision.
