Construction Bid Protest Process: When and How to Challenge Awards (2026 Guide + Checklist) | Construction Bidding Guide

Losing a bid is disappointing, but sometimes the award process itself was flawed. When you believe a construction contract was improperly awarded, you may have grounds for a bid protest. This guide explains when protests are appropriate, how to file them, and what to expect from the process.

What Is a Bid Protest?

A bid protest is a formal challenge to the award or proposed award of a construction contract. Protests typically allege that:

The procurement process was flawed
The winning bidder was improperly evaluated
The agency violated procurement laws or regulations
Your bid was wrongly rejected

Purpose of Bid Protests

The protest system exists to:

Ensure fair competition
Hold agencies accountable
Correct procurement errors
Maintain integrity in public contracting

Grounds for Bid Protests

Legitimate Protest Grounds

Procedural violations:

Bid opening conducted improperly
Evaluation criteria changed after bids opened
Required procedures not followed
Improper communications with bidders

Evaluation errors:

Mathematical errors in scoring
Criteria applied inconsistently
Qualifications not properly assessed
Best value factors ignored or misweighted

Bid form issues:

Winning bid contained material defects
Required documents missing
Unbalanced bid not rejected
Non-responsive bid accepted

Specification problems:

Specs unduly restrictive
Proprietary requirements without justification
Ambiguous requirements applied unfairly

Conflicts of interest:

Improper relationships with winning bidder
Insider information shared
Biased evaluation panel

Weak or Invalid Protest Grounds

Generally not valid:

Disagreement with winner selection (absent errors)
Losing by a small margin
Unhappiness with the specifications
Bidder's own errors or omissions
General dissatisfaction with results

Before Filing a Protest

Gather Information

Request available documents:

Bid tabulation: All submitted prices
Award recommendation: Why winner was selected
Evaluation documents: Scoring, notes, rankings
Your bid evaluation: How you were scored

Assess Your Case

Ask yourself:

Do I have specific, documented grounds?
Is the issue procedural or just disagreement?
What would I gain if successful?
What are the costs and risks?

Consider Alternatives

Before protesting:

Debrief: Request a formal debrief to understand the decision
Informal resolution: Discuss concerns with the agency
Accept the result: Sometimes moving on is better

The Bid Protest Process

Step 1: Know Your Deadlines

Protest deadlines are strict and vary by jurisdiction:

Federal (GAO):

Within 10 days of knowing the basis for protest
Within 5 days of debriefing (if requested and required)

Federal (COFC):

No statutory deadline, but file promptly
Laches (unreasonable delay) can bar claims

State and Local:

Varies widely (5-30 days typically)
Check specific agency protest procedures
Often tied to award notice date

Step 2: Submit Written Protest

Your protest should include:

Required elements:

Your company identification
Solicitation and contract number
Statement that it's a bid protest
Clear statement of grounds
Supporting evidence
Requested relief

Best practices:

Be specific and factual
Cite applicable regulations
Include all relevant documents
State clear legal basis
Organize logically

Step 3: Agency Response

The agency typically must:

Acknowledge receipt
Provide response timeline
Gather relevant records
Prepare agency report
Submit position statement

Step 4: Review and Decision

The decision-maker will:

Review all submissions
May request additional information
Evaluate legal and factual issues
Issue written decision

Federal Bid Protests

Government Accountability Office (GAO)

The primary federal protest forum:

Jurisdiction:

Federal procurements
Both pre-award and post-award
Subcontract protests (limited)

Process:

File protest within deadline
GAO notifies agency
Agency files report (30 days)
Protester comments (10 days)
GAO decision (100 days standard)

Automatic Stay:

Contract performance suspended if protest filed timely
Allows for meaningful review
Can be overridden for urgent needs

Court of Federal Claims (COFC)

Alternative federal forum:

Advantages:

Discovery available
Longer decisions possible
Appeals available

Disadvantages:

More expensive
Slower process
More formal procedures

Agency-Level Protests

Some agencies have internal processes:

Often required before GAO
Faster resolution possible
Less formal procedures
May preserve GAO rights

State and Local Protests

Common Features

Most state/local processes include:

Written protest requirement
Specific deadline from award
Agency review and decision
Appeal rights (varies)

Variations

Key differences by jurisdiction:

Filing requirements: Some require bonds
Stay provisions: May or may not halt award
Decision timeline: Days to months
Appeal options: Courts, boards, or none

Research Your Jurisdiction

For each agency:

Review protest procedures in solicitation
Check state procurement code
Understand deadlines and requirements
Know appeal options

Writing an Effective Protest

Structure Your Argument

Introduction:

Identify the procurement
State you're protesting
Preview your grounds

Facts:

Chronological background
What happened
What should have happened

Argument:

State each ground clearly
Cite applicable law/regulation
Apply facts to law
Show why you're right

Relief requested:

What you want (re-evaluation, award to you, etc.)
Be specific and realistic

Evidence to Include

Documentation:

Solicitation documents
Your bid/proposal
Communications with agency
Award notification
Bid tabulation

Expert declarations (if relevant):

Technical experts
Industry standards
Accounting analysis

Tone and Approach

Do:

Be professional and factual
Focus on process violations
Cite specific evidence
Argue the law

Don't:

Attack individuals
Make unsupported allegations
Be emotional or angry
Overstate your case

Potential Outcomes

Protest Sustained

If you win:

Contract award to you: Sometimes
Re-evaluation: More common
Re-solicitation: If process was fundamentally flawed
Bid cost recovery: Sometimes available

Protest Denied

If you lose:

Decision explains why
May have appeal rights
Costs are yours
Relationship impact to consider

Voluntary Corrective Action

Agency may voluntarily:

Re-evaluate proposals
Amend the solicitation
Take other corrective action
Avoid formal decision

Settlement

Parties may agree to:

Corrective action
Payment of costs
Other resolution
Dismissal of protest

Costs and Risks

Direct Costs

Protesting involves:

Legal fees (often $10,000-$100,000+)
Staff time for documentation
Expert fees if needed
Filing fees (some jurisdictions)

Indirect Costs

Consider also:

Damaged relationships
Reputation effects
Time and distraction
Opportunity costs

Risk Assessment

Evaluate:

Strength of your case
Value of the contract
Long-term agency relationship
Industry perception

Strategic Considerations

When to Protest

Consider protesting when:

Clear procedural violation occurred
Contract value justifies costs
You have strong evidence
Issue affects future procurements
Principle matters to your business

When Not to Protest

Think twice if:

Grounds are weak
It's just sour grapes
Relationship damage outweighs benefit
Costs exceed potential recovery
You'll never bid with agency again

Alternative Approaches

Instead of formal protest:

Request thorough debrief
Provide feedback to agency
Improve future proposals
Focus on next opportunity

After the Protest

Win or Lose

Learn from the experience:

What worked in your process
What could improve
How to bid better next time
Whether to bid again

Maintaining Relationships

After protesting:

Remain professional
Don't hold grudges
Continue bidding if appropriate
Demonstrate quality work

Conclusion

Bid protests are an important safeguard for fair competition in public construction contracting. However, they should be used judiciously when genuine violations occur, not as a routine response to losing.