Identifying Viable Postaward Bid Protest Allegations At The GAO By Keith R. Szeliga, Marko W. Kipa, and Daniel J. Marcinak

The Government Accountability Office denies more than three quarters of all bid protests decided on the merits.1 Certain categories of protests, however, tend to be more successful than others. The distinguishing feature of these protests is that they raise clear objective or procedural errors in the agency’s evaluation and source selection decision, rather than expressing the protester’s subjective disagreement with the agency’s judgment.

This Briefing Paper assists protesters and their counsel in identifying viable postaward bid protest allegations. It identifies the most common categories of successful bid protest grounds and describes the circumstances under which each ground is most likely to prevail. This analysis is reinforced with a discussion of illustrative GAO bid protest decisions.

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DISCLAIMER: Because of the generality of this update, the information provided herein may not be applicable in all situations and should not be acted upon without specific legal advice based on particular situations.

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