Government Contract Bid Protest

PROTEST, REQUEST FOR CICA WITHHOLDING OR SUSPENSION, AND REQUEST FOR COST RECOMMENDATION

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)]

FILING WARNING. GAO protests must be filed through the Electronic Protest Docketing System (“EPDS”), not by ordinary email. A document is filed when EPDS receives it by 5:30 p.m. Eastern Time. Complete service on the solicitation-designated recipient or contracting officer is due no later than one day after filing. Calculate the merits deadline and the separate CICA withholding/suspension window 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 and Request for CICA Withholding or Suspension (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”). It is filed under 31 U.S.C. §§ 3551, 3553, and 3554 and 4 C.F.R. Part 21. FAR guidance yields to Part 21 if the two conflict. See FAR 33.104.

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 has completed the timeliness and CICA-window analysis on Exhibit A, which separately addresses: apparent solicitation improprieties; the ordinary ten-day rule; a required-debriefing procurement; any prior agency-level protest; the award date; the debriefing date offered and held; and, for a Department of Defense procurement, delivery of written answers to timely debriefing questions;
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.
“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].
“EPDS” means GAO’s Electronic Protest Docketing System at https://epds.gao.gov/login.
“Protest Grounds” has the meaning set forth in Section 5.2.
“Protected Material” means information subject to a protective order issued under 4 C.F.R. § 21.4.

4. JURISDICTION AND STANDING

4.1 Covered Procurement. This Protest concerns a solicitation, cancellation, proposed award, award, or award-related termination within 31 U.S.C. § 3551(1) and 4 C.F.R. § 21.1(a). Exhibit A must identify and resolve any procurement-specific jurisdictional limit before filing.
4.2 Interested Party. Protester is an actual or prospective bidder or offeror whose direct economic interest would be affected by award or failure to award, as required by 31 U.S.C. § 3551(2)(A) and 4 C.F.R. § 21.0(a)(1). State the supporting facts, including Protester’s competitive position and requested relief: [FACTS].
4.3 Timeliness. Exhibit A states when each ground was known or should have been known and applies 4 C.F.R. § 21.2 separately to each ground. Apparent solicitation improprieties generally must be protested before bid opening or the applicable proposal deadline; other grounds generally must be filed within ten days; and the required-debriefing rule controls when its conditions apply. A prior agency-level protest creates a separate ten-day period after actual or constructive knowledge of initial adverse agency action.
4.4 Filing and Agency Service. Protester is filing this Protest through EPDS in accordance with §§ 21.0(f)–(g) and 21.1(b). A complete copy with all attachments will be received no later than one day after filing by the recipient designated in the Solicitation or, absent a designation, the contracting officer, as required by § 21.1(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 only the grounds supported by specific facts, contemporaneous documents, and the procurement rules applicable to this Solicitation (collectively, the “Protest Grounds”). Delete every unused example; 4 C.F.R. § 21.1(c)(4) and (f) require detailed, legally sufficient grounds rather than labels:

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].

5.3 Requested Remedies

Protester respectfully requests that GAO:

1. Sustain the Protest;
2. Recommend the corrective action authorized by 31 U.S.C. § 3554(b) and 4 C.F.R. § 21.8(a), specifically [RE-EVALUATION / RE-COMPETITION / NEW SOLICITATION / TERMINATION / COMPLIANT AWARD / OTHER];
3. Notify the Agency promptly so that the Agency can apply 31 U.S.C. § 3553(c) or (d) and FAR 33.104 to any required withholding of award or suspension of performance. Protester recognizes that GAO does not administer those CICA requirements. See 4 C.F.R. § 21.6;
4. Recommend reimbursement of the costs authorized by 31 U.S.C. § 3554(c) and 4 C.F.R. § 21.8(d), if the Protest is sustained and the conditions for a cost recommendation are satisfied. If the Agency instead takes corrective action and GAO closes the Protest, Protester reserves a timely, separately supported request under § 21.8(e); and
5. Grant any procedural request properly supported below:
   - Protective order requested: [YES/NO; explain]
   - Specific documents requested: [YES/NO; list each and explain relevance]
   - Hearing requested: [YES/NO; explain why needed].

5.4 CICA Withholding or Suspension Analysis

(a) Pre-award. If GAO notice reaches the Agency before award while the Protest is pending, 31 U.S.C. § 3553(c) generally bars award unless the head of the procuring activity makes the required nondelegable written urgent-and-compelling finding and advises GAO.

(b) Post-award. The post-award suspension period runs through the later of ten days after award or five days after the debriefing date offered for a requested and required debriefing. For a Department of Defense procurement, the five-day period does not begin until the Government delivers written responses to timely debriefing questions under 31 U.S.C. § 3553(d)(4)(B). The relevant event is the Agency’s receipt of GAO notice within the statutory period, so filing on the last day may not protect the CICA remedy.

(c) Override. The Agency may override withholding or suspension only through the findings and notice specified by § 3553(c) or (d) and FAR 33.104. GAO requires the Agency to file override notification and supporting material under 4 C.F.R. § 21.6.

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 Protected and Redacted Material. If protected treatment is requested, counsel will promptly request a protective order and submit admission applications meeting 4 C.F.R. § 21.4. The front page and each occurrence of information claimed exempt from public release shall be marked, and a final redacted protest shall be filed within one day as § 21.1(g) requires.
6.3 Classified Information. This Protest contains no classified information. Classified material must not be filed in EPDS; advance instructions from GAO are required under § 21.1(h).
6.4 Court Proceedings. [NO COURT PROCEEDING INVOLVING THIS SUBJECT MATTER IS PENDING / DESCRIBE PROCEEDING]. Protester will immediately notify GAO and file relevant court documents if that changes. Under 4 C.F.R. § 21.11, GAO dismisses a matter that is being litigated before, or has been decided on the merits by, a court of competent jurisdiction.

7. COVENANTS & RESTRICTIONS

7.1 EPDS Deadline. Days under Part 21 are calendar days, subject to the weekend, federal-holiday, and closure rules in 4 C.F.R. § 21.0(d). A filing must be received in EPDS by 5:30 p.m. Eastern Time under § 21.0(g).
7.2 Agency Report and Comments. The Agency report generally is due within thirty days after GAO notice. Protester’s comments generally are due within ten days after the report is filed, unless GAO sets another period. Failure to file timely comments requires dismissal, and failure to address an agency response may cause dismissal of that allegation. See § 21.3(c), (i).
7.3 Additional Documents and Submissions. A request for newly evident additional documents generally must be filed within two days. No additional statement will be filed without GAO approval. See § 21.3(g), (j).

8. DEFAULT & REMEDIES

8.1 Procedural Noncompliance. Protester may request appropriate procedural relief for a missed agency deadline, but this Protest does not assume summary sustainment. GAO controls the record and schedule under 4 C.F.R. § 21.3.
8.2 Protective-Order Violation. GAO may impose the sanctions listed in 4 C.F.R. § 21.4(e), including disciplinary referral, practice restrictions, exclusion from the protest, or dismissal.

9. RISK ALLOCATION

9.1 Costs. A cost recommendation is conditional, not automatic. A corrective-action cost request under 4 C.F.R. § 21.8(e) must be filed no later than fifteen days after Protester learned or should have learned that GAO closed the Protest based on corrective action. Under 31 U.S.C. § 3554(c)(2), the attorney-fee and expert/consultant limits apply to parties other than small business concerns, subject to the stated cost-of-living or special-factor adjustment for attorney fees. After a recommendation, the cost claim must be filed with the Agency within sixty days or recovery may be forfeited. See § 21.8(f)(1).
9.2 No Indemnification. Indemnification is not applicable to this administrative proceeding.

10. DISPUTE RESOLUTION

10.1 GAO Forum. This submission requests a decision and recommendations from the Comptroller General under 31 U.S.C. §§ 3553–3554 and 4 C.F.R. Part 21. GAO does not issue a judicial injunction and does not administer CICA withholding or suspension. See 4 C.F.R. § 21.6.
10.2 Court of Federal Claims. 28 U.S.C. § 1491(b) separately authorizes an interested-party procurement action in the United States Court of Federal Claims and permits declaratory and injunctive relief, with monetary relief limited to bid-preparation and proposal costs. A GAO filing is not pleaded here as a prerequisite to, or tolling rule for, a court action.
10.3 Election and Parallel Proceedings. Counsel shall evaluate GAO and court timing, record, protective-order, remedy, and stay consequences before selecting a forum. If a court proceeding involving the subject matter is filed, Protester must immediately advise GAO; § 21.11 generally requires dismissal of the GAO matter.
10.4 Arbitration and Jury. This document requests no arbitration and no jury proceeding.

11. GENERAL PROVISIONS

11.1 Amendments and New Grounds. Any amendment or supplemental ground must independently satisfy 4 C.F.R. §§ 21.1 and 21.2. An untimely new ground is not cured by a timely initial filing.
11.2 Public Version. Protester shall maintain a complete filing version and the required final redacted version and shall follow every protective-order and EPDS instruction.
11.3 Separate Procurements. Protests of different procurements must be separately filed under § 21.1(f).

12. EXECUTION BLOCK

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

13. CERTIFICATE OF SERVICE

I certify that on [DATE]:

1. This Protest and its exhibits were filed through EPDS before 5:30 p.m. Eastern Time; and
2. A complete copy of the Protest and all attachments was furnished to [SOLICITATION-DESIGNATED RECIPIENT / CONTRACTING OFFICER, NAME AND ADDRESS], for receipt no later than one day after the EPDS filing, as required by 4 C.F.R. § 21.1(e).

The Agency, rather than Protester, ordinarily gives notice and copies to the awardee or prospective intervenors under 4 C.F.R. § 21.3(a) and FAR 33.104(a)(2). Any additional service directed by GAO is identified here: [NONE / DETAILS].

__________________________________
[ATTORNEY NAME], Esq.

14. EXHIBIT INDEX

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

SOURCES AND REFERENCES

• eCFR — 4 C.F.R. Part 21
• Office of the Law Revision Counsel — 31 U.S.C. § 3551
• Office of the Law Revision Counsel — 31 U.S.C. § 3553
• Office of the Law Revision Counsel — 31 U.S.C. § 3554
• Acquisition.gov — FAR 33.104
• Acquisition.gov — FAR 9.504
• Acquisition.gov — FAR 15.305
• Acquisition.gov — FAR 15.306
• Acquisition.gov — FAR 15.308
• Acquisition.gov — FAR 15.506
• Office of the Law Revision Counsel — 28 U.S.C. § 1491