Bid Protests

Bid protests have become an unavoidable step in the government contracts formation process. Whether competing for federal, state, or local government contracts, businesses are likely to find themselves involved in some form of bid-related dispute such as challenging the terms and conditions of a solicitation or the award of a contract to another party, or assisting a government agency in defending the company's own contract awards.   

The lawyers of Crowell & Moring have substantial experience and a long record of success pursuing and defending bid protests of federal, state, and local procurements in all forums. For more than two decades, we have reshaped protest law by winning major court and administrative decisions on discussions, conflicts of interest, unequal treatment, responsibility, experts, cost realism, and sole-source contracting. Our partners are recognized leaders of the bid protest bar and, along with our practice as a whole, are regularly ranked among the top legal providers by publications such as Chambers USA and Law360, and in BTI Consulting Group's list of "Client Service Super All-Stars."

We have handled protests of some of the largest dollar-value contract awards in a wide variety of procurements for defense and civilian agencies involving supply and service contracts. Our experience is unrivaled and enables us to tackle novel and complex issues, as well as respond quickly and efficiently to client needs even under the extremely short deadlines that typify bid protests.

At the federal level, we litigate regularly before the Government Accountability Office (GAO), the Office of Dispute Resolution, the U.S. Court of Federal Claims, and the U.S. Court of Appeals for the Federal Circuit. In appropriate cases, we have pursued agency-level protests before a variety of federal agencies. Despite the adversarial nature of bid protests, we have, over the years, built excellent relationships with federal agencies, the GAO, and the courts, which enables us to advocate effectively whether serving in the role of intervenor or protester. 

At the state and local levels, we have litigated in a wide variety of state courts and administrative forums in California, Colorado, the District of Columbia, Florida, Georgia, Illinois, Maryland, New York, North Carolina, and Tennessee.

When undertaking a bid protest, we work in concert with the client to determine the most efficient and effective way to proceed, whether directly litigating the protest or acting as strategic advisors to local counsel. We also add value by keeping our clients updated on developments in bid protest law, tracking GAO and Court of Federal Claims statistics, and closely monitoring trends. Together, these efforts enable us to present the issues and our clients' concerns in a manner most likely to persuade courts and administrative agencies.