You've won the bid - congratulations. But then another bidder files a protest. Suddenly your award is in limbo, and you're not sure what happens next. Understanding the bid protest process from the winner's perspective helps you protect your award and navigate the uncertainty.
Understanding the Protest Situation
Why Bids Get Protested
Common protest grounds:
Procedural Claims
- Alleged bidding irregularities
- Improper evaluation process
- Failure to follow solicitation
- Conflict of interest allegations
Responsiveness Challenges
- Claims your bid was non-responsive
- Missing required documents
- Alleged qualifications
- Deviation from requirements
Responsibility Questions
- Capability challenges
- Experience sufficiency
- Financial capacity
- Performance history concerns
Scoring Disputes
- Evaluation errors claimed
- Improper criteria application
- Bias allegations
- Documentation inadequacy
What Happens When a Protest Is Filed
Typical sequence:
- Protest filed: By deadline after award
- Notice issued: You and owner are notified
- Stay of award: Contract execution typically paused
- Response period: Parties submit positions
- Review: Procuring agency or protest forum evaluates
- Decision: Protest sustained or denied
- Resolution: Contract proceeds or corrective action taken
Your Rights as the Apparent Winner
Right to Participate
In most jurisdictions:
- You can respond to protest allegations
- You receive relevant protest documents
- You can submit arguments in your defense
- You may participate in hearings
Right to Information
You should receive:
- Copy of the protest
- Protest grounds and claims
- Timeline for responses
- Hearing or decision schedule
Right to Award Defense
You can argue:
- Your bid was responsive
- You are responsible
- Evaluation was proper
- Protest grounds lack merit
Immediate Steps After a Protest
Step 1: Understand the Protest
Review the Filing
- What are the specific grounds?
- What documentation supports claims?
- What remedy does protester seek?
- What's the deadline for response?
Assess the Claims
- Are allegations accurate?
- Do they have merit?
- What's your exposure?
- What's your defense?
Step 2: Gather Your Team
Internal Team
- Company leadership
- Estimating/bid team
- Legal counsel (if serious)
- Contract administrator
External Advisors
- Construction attorney (experienced in protests)
- Bonding agent (keep informed)
- Industry advisors if helpful
Step 3: Preserve Documentation
Secure All Bid Records
- Original bid documents
- All communications
- Site visit sign-ins
- Addenda acknowledgments
Document Timeline
- When you received documents
- How you prepared bid
- When you submitted
- What you were told after
Step 4: Communicate Appropriately
With the Owner
- Express continued interest
- Ask about process and timeline
- Offer cooperation
- Don't discuss merits improperly
With the Protester
- Generally no direct contact needed
- Don't escalate or inflame
- Let formal process work
- No concessions without advice
Responding to the Protest
Deciding Whether to Respond
Consider:
- Protest grounds and merit
- Value of the contract
- Cost of response
- Risk of non-response
For significant contracts, active defense is usually advisable.
Preparing Your Response
Address Each Claim
- Respond to specific allegations
- Provide factual corrections
- Offer supporting documentation
- Make legal arguments as appropriate
Support with Evidence
- Documents proving compliance
- Certifications and forms
- Communications with owner
- Third-party evidence
Professional Tone
- Factual, not emotional
- Focus on merits
- Respect the process
- Avoid attacking protester
Working with the Owner
Coordinate Appropriately
- Owner is defending their process
- Your interests align but aren't identical
- Share relevant information
- Don't overreach
Understand Their Position
- They want the protest resolved
- They want their process upheld
- They have their own legal obligations
- They may settle for expediency
During the Protest Period
What to Expect
Timeline
- Protests can take weeks to months
- Federal protests have defined timelines
- State/local varies widely
- Complexity affects duration
Communications
- Updates may be limited
- Don't expect running commentary
- Check in periodically
- Be patient but attentive
Operational Considerations
Don't Mobilize Prematurely
- Contract isn't final until protest resolved
- Don't make irrevocable commitments
- Keep resources available but flexible
- Monitor timeline carefully
Maintain Capacity
- Don't commit crews to other work
- Keep equipment available
- Maintain subcontractor interest
- Preserve your ability to perform
Financial Planning
- Don't count on revenue yet
- Maintain bonding capacity
- Plan for delay scenarios
- Budget for protest expenses
If the Stay Is Lifted
Sometimes work proceeds during protest:
- Document that this occurred
- Proceed carefully
- Understand what happens if protest succeeds
- Get specific guidance
Possible Outcomes
Protest Denied
Best outcome for you:
- Award is confirmed
- Contract proceeds
- Document final resolution
- Move forward with execution
Protest Sustained
Protest has merit:
Possible Remedies
- Re-evaluation with same bids
- Amendment and re-solicitation
- Award to protester
- Termination for convenience if started
Your Options
- May be able to compete again
- May have claim if work started
- May lose the opportunity
- Depends on specific situation
Settlement
Parties reach agreement:
- Owner may offer corrective action
- Protester may withdraw
- Terms vary widely
- You may or may not be involved
Cancellation
Owner abandons procurement:
- May restart with new solicitation
- May change approach
- Your effort may be wasted
- Can bid again if re-solicited
Protecting Yourself
Bid Preparation Practices
Reduce protest vulnerability:
- Follow instructions exactly
- Complete all requirements
- Document everything
- Avoid qualifications
Documentation Discipline
Create a clear record:
- Save all communications
- Document decisions
- Keep submission records
- Preserve electronic files
Post-Award Conduct
After winning:
- Don't gloat or antagonize
- Maintain professional relationships
- Prepare for execution
- Be ready for protest possibility
Cost of Protests
Direct Costs
Legal Fees
- Attorney time for response
- Document preparation
- Hearing attendance
- Ongoing consultation
Internal Costs
- Staff time on response
- Opportunity cost
- Documentation effort
- Management attention
Indirect Costs
Delay Impact
- Holding resources available
- Schedule compression if resolved
- Market condition changes
- Subcontractor complications
Relationship Effects
- Owner relationship stress
- Industry reputation
- Future bid considerations
- Competitor dynamics
When You Should Protest
Understanding protests helps if you lose:
Consider Protesting When
- Clear procedural violations occurred
- Evaluation was demonstrably flawed
- Material misrepresentation by winner
- Stakes justify the cost and effort
Weigh Carefully
- Cost of protest
- Probability of success
- Impact on relationships
- Business value vs. effort
Conclusion
Having your winning bid protested is stressful but manageable. Most protests are denied, and most awards ultimately stand. Understanding the process helps you respond appropriately and protect your interests.
When a protest occurs, stay calm and professional. Gather your team and documentation. Respond thoroughly to allegations. Maintain operational flexibility during the process. And let the formal process work.
The key is preparation - both before bidding (to minimize vulnerability) and after winning (to be ready if protest comes). Contractors who understand protests navigate them successfully and ultimately execute the contracts they've won.
ConstructionBids.ai helps you find opportunities where you can compete effectively and prepare thorough, responsive bids that withstand scrutiny.
