PROTEST, REQUEST FOR STAY OF AWARD, AND CLAIM FOR COSTS

Before the United States Government Accountability Office

In the Matter of: [PROTESTER LEGAL NAME]

Solicitation/Contract No.: [SOLICITATION OR CONTRACT NUMBER]
Agency: [CONTRACTING AGENCY FULL NAME]
GAO Docket No.: B-[DOCKET NUMBER (TO BE ASSIGNED BY GAO)]

[// GUIDANCE: This template is drafted for use in filing a post-award or pre-award bid protest at the GAO under 31 U.S.C. §§ 3551–3556 and 4 C.F.R. Part 21. Customize bracketed placeholders and confirm all cited FAR/GAO provisions against the most current versions before filing.]

TABLE OF CONTENTS

1. Document Header
2. Recitals
3. Definitions
4. Jurisdiction and Standing
5. Operative Provisions
   5.1 Statement of Relevant Facts
   5.2 Grounds of Protest
   5.3 Requested Remedies
6. Representations & Certifications
7. Covenants & Restrictions
8. Default & Remedies
9. Risk Allocation
10. Dispute Resolution
11. General Provisions
12. Execution Block
13. Certificate of Service
14. Exhibit Index

1. DOCUMENT HEADER

This Protest, Request for Stay of Award, and Claim for Costs (the “Protest”) is submitted by [PROTESTER LEGAL NAME], a [STATE OF INCORPORATION/FORMATION] [corporation/LLC/other] (“Protester”), against [CONTRACTING AGENCY FULL NAME] (the “Agency”) concerning Solicitation/Contract No. [SOLICITATION OR CONTRACT NUMBER] (the “Solicitation”). The effective date of this Protest is [DATE] (the “Effective Date”). This Protest is governed exclusively by federal procurement law, including the Competition in Contracting Act, 31 U.S.C. §§ 3551–3556, the Federal Acquisition Regulation (“FAR”), and GAO’s Bid Protest Regulations, 4 C.F.R. Part 21 (collectively, the “Applicable Law”).

2. RECITALS

A. WHEREAS, the Agency issued the Solicitation on [DATE] for [BRIEF DESCRIPTION OF PROCUREMENT];
B. WHEREAS, Protester timely submitted a proposal on [DATE];
C. WHEREAS, on [DATE OF AGENCY ACTION], the Agency [announced its intent to award/awarded] the contract to [AWARDEE NAME] (the “Awardee”);
D. WHEREAS, Protester believes the Agency’s conduct is inconsistent with the Applicable Law and has materially prejudiced Protester;
E. WHEREAS, Protester files this Protest within (i) ten (10) days of learning of the basis for protest, or (ii) five (5) days after a required debriefing, thereby preserving the automatic stay of award/performance pursuant to 31 U.S.C. § 3553(d)(3)(A) and FAR 33.104(c);
F. NOW, THEREFORE, Protester files this Protest and respectfully requests the relief set forth herein.

3. DEFINITIONS

For purposes of this Protest:

“Agency Report” means the contracting agency’s report required by 4 C.F.R. § 21.3(c).
“Awardee” means [AWARDEE NAME], the offeror selected for award under the Solicitation.
“Competitive Prejudice” means that, but for the Agency’s error, Protester would have had a substantial chance of receiving the award.
“Corrective Action” means measures taken by the Agency to remedy the procurement errors identified herein, including but not limited to re-evaluation, amendment, re-solicitation, or termination of the existing award.
“Debriefing” means the post-award debriefing conducted pursuant to FAR 15.506 on [DATE].
“Protest Grounds” has the meaning set forth in Section 5.2.
“Protected Material” has the meaning set forth in GAO Protective Order Template (4 C.F.R. § 21.4).

[// GUIDANCE: Add, remove, or modify defined terms as needed. Ensure each defined term is capitalized consistently throughout.]

4. JURISDICTION AND STANDING

4.1 Jurisdiction. This Protest is properly before the GAO under 31 U.S.C. §§ 3551–3556 and 4 C.F.R. Part 21.
4.2 Standing. Protester is an actual or prospective bidder whose direct economic interest is affected by the Agency’s actions. Protester therefore has standing pursuant to 4 C.F.R. § 21.0(a)(1).
4.3 Timeliness. This Protest is filed within the period required by 4 C.F.R. § 21.2(a). See Recital E.

5. OPERATIVE PROVISIONS

5.1 Statement of Relevant Facts

[PLACEHOLDER—Provide a concise chronological narrative of the procurement, including solicitation issuance, proposal submission, evaluation, notices, debriefing, and any exchanges.]

5.2 Grounds of Protest

Protester asserts the following grounds, each an independent basis for sustaining the Protest (collectively, the “Protest Grounds”):

a. Evaluation Errors. The Agency’s technical and/or price evaluation deviated from the stated evaluation criteria in violation of FAR 15.305(a).
b. Unequal Discussions. The Agency engaged in discussions with Awardee but failed to afford Protester a similar opportunity, contrary to FAR 15.306(d).
c. Best-Value Tradeoff Flaws. The Source Selection Authority failed to perform a rational best-value determination consistent with FAR 15.308.
d. Organizational Conflict of Interest (OCI). The Agency improperly disregarded significant OCIs affecting Awardee, contravening FAR 9.504.
e. [ADDITIONAL GROUNDS AS APPLICABLE].

[// GUIDANCE: Each ground should (1) restate the solicitation requirement, (2) cite the Agency’s conduct, and (3) explain the legal non-compliance.]

5.3 Requested Remedies

Protester respectfully requests that GAO:
1. Sustain the Protest;
2. Recommend that the Agency undertake Corrective Action, including but not limited to [RE-EVALUATION / RE-COMPETITION / TERMINATION OF AWARD];
3. Direct the Agency to stay further contract performance pursuant to 31 U.S.C. § 3553(d)(3)(A) and FAR 33.104(c) pending the outcome of this Protest;
4. Award Protester its reasonable attorneys’ fees, consultant fees, and costs of pursuing this Protest in accordance with 31 U.S.C. § 3554(c); and
5. Provide such other and further relief as GAO deems just and proper.

6. REPRESENTATIONS & CERTIFICATIONS

6.1 Accuracy. Protester certifies that the statements of fact set forth herein are true and correct to the best of its knowledge.
6.2 Protective Order. Protester’s undersigned counsel is prepared to apply for admission to any protective order issued under 4 C.F.R. § 21.4 and will safeguard Protected Material accordingly.
6.3 No Pending Litigation. Other than this Protest and any related agency-level protest filed on [DATE, if applicable], Protester represents that no action concerning the subject matter hereof is pending before any court or tribunal.

7. COVENANTS & RESTRICTIONS

7.1 Duty of Candor. Protester shall promptly supplement the record if it becomes aware of any material misstatement or omission.
7.2 Cooperation with GAO Procedures. Protester commits to comply with all scheduling orders, page limits, and redaction protocols imposed by GAO.
7.3 Non-Solicitation of Agency Personnel. Protester shall not solicit or attempt to influence Agency personnel outside the formal protest process.

8. DEFAULT & REMEDIES

8.1 Failure to Produce Agency Report. Should the Agency fail to submit its Agency Report within the time prescribed by 4 C.F.R. § 21.3(c), Protester will seek an appropriate recommendation from GAO, including summary sustainment.
8.2 Breach of Protective Order. Any breach of the protective order by counsel shall entitle Protester to seek sanctions under 4 C.F.R. § 21.4(h).

9. RISK ALLOCATION

9.1 Costs Cap. Protester acknowledges that GAO may recommend—but cannot compel—the Agency to reimburse Protest costs, capped by 31 U.S.C. § 3554(c).
9.2 No Indemnification. Indemnification is not applicable to this administrative proceeding.

10. DISPUTE RESOLUTION

10.1 Governing Law. This Protest is governed exclusively by federal procurement law, including 31 U.S.C. §§ 3551–3556, FAR Subpart 33.1, and 4 C.F.R. Part 21.
10.2 Forum Selection. Initial jurisdiction lies with GAO. If GAO dismisses or denies the Protest, Protester reserves the right to pursue relief before the United States Court of Federal Claims pursuant to 28 U.S.C. § 1491(b)(1).
10.3 Arbitration. Arbitration is not available for bid protests absent specific statutory mandate.
10.4 Jury Waiver. This is an administrative proceeding; jury trial rights are inapplicable.
10.5 Injunctive Relief. Protester seeks an automatic statutory stay of award/performance as provided in FAR 33.104(c) and 31 U.S.C. § 3553(d)(3).

11. GENERAL PROVISIONS

11.1 Amendments. Protester reserves the right to amend or supplement this Protest as permitted by 4 C.F.R. § 21.1(f).
11.2 Severability. If any provision herein is held unenforceable, the remaining provisions shall remain in full force.
11.3 Integration. This document constitutes the entire protest submission as of the Effective Date.

12. EXECUTION BLOCK

Counsel of Record:
[LAW FIRM NAME]
By: _______
[ATTORNEY NAME], Esq.
Bar No.: [BAR NUMBER]
Address: [ADDRESS]
Telephone: [PHONE]
E-mail: [EMAIL]

[// GUIDANCE: Add notary block only if required by a specific agency instruction; GAO does not require notarization.]

13. CERTIFICATE OF SERVICE

I hereby certify that on [DATE], I caused a true and correct copy of the foregoing Protest, along with all accompanying exhibits, to be served on the following via [E-MAIL/FACSIMILE/COURIER]:

1. GAO—Bid Protest Docket ([email protected])
2. [AGENCY PROTEST LIAISON OFFICER NAME], Agency Counsel
3. [AWARDEE COUNSEL NAME] (if known)

[ATTORNEY NAME], Esq.

14. EXHIBIT INDEX

Exhibit A Solicitation/Amendments
Exhibit B Protester’s Proposal (Redacted)
Exhibit C Agency Debriefing Materials
Exhibit D Source Selection Decision Document (Redacted)
Exhibit E Declaration of [NAME], [TITLE]
Exhibit F [ADDITIONAL EXHIBITS AS NEEDED]

[// GUIDANCE: Attach exhibits in the order referenced in the Statement of Facts. Redact proprietary information in accordance with 4 C.F.R. § 21.3.]