Government Contract Bid Protest

GOVERNMENT CONTRACT BID PROTEST

State of Louisiana

OVERVIEW OF LOUISIANA PROCUREMENT PROTEST LAW

Louisiana state procurement is governed by the Louisiana Procurement Code, codified at La. R.S. 39:1551 et seq. The Office of State Procurement (OSP) within the Division of Administration serves as the central purchasing authority. Bid protests are governed primarily by La. R.S. 39:1671, with appeals to the Commissioner of Administration under La. R.S. 39:1683. Judicial review is available in the Nineteenth Judicial District Court (East Baton Rouge Parish).

Key Statutory Provisions:

• La. R.S. 39:1671 -- Authority to Resolve Protested Solicitations and Awards (primary protest statute)
• La. R.S. 39:1683 -- Protest of Solicitations or Awards (appeal to Commissioner of Administration)
• La. R.S. 39:1691 -- Actions by or Against the State in Connection with Contracts
• La. R.S. 39:1594 -- Competitive Sealed Bids
• La. R.S. 39:1595 -- Competitive Sealed Proposals
• La. Admin. Code tit. 34, Part V -- Office of State Procurement Rules

Filing Deadlines:

• Solicitation Protests: At least two (2) days prior to the opening of bids (except for housing of state agencies, which requires ten (10) days prior to bid opening).
• Award Protests: Within fourteen (14) days after contract award.
• Appeal to Commissioner: Within seven (7) days of receipt of the chief procurement officer's decision.

Filing Authority: Chief Procurement Officer (initial protest); Commissioner of Administration (appeal)

Standing: Any person who is aggrieved in connection with the solicitation or award of a contract.

Automatic Stay: Yes -- Louisiana provides a mandatory stay of the procurement. Upon a timely protest, the State shall not proceed further with the solicitation or with the award of the contract, unless the chief procurement officer makes a written determination that awarding the contract is necessary without delay to protect the substantial interests of the State. If such a determination is made, no court shall enjoin progress under the award except after notice and hearing.

GROUNDS FOR PROTEST CHECKLIST

Check all grounds applicable to this protest:

☐ Solicitation contained defective, ambiguous, or unduly restrictive specifications
☐ Evaluation of proposals deviated from stated evaluation criteria
☐ Agency failed to follow procurement procedures under the Louisiana Procurement Code
☐ Scoring errors, mathematical mistakes, or miscalculations in evaluation
☐ Bias, conflict of interest, or improper influence in the procurement process
☐ Unauthorized contact between agency personnel and one or more offerors
☐ Award to a non-responsive or non-responsible bidder
☐ Improper sole-source or emergency procurement justification
☐ Failure to provide required disclosure or notification of evaluation results
☐ Violation of small business, veteran-owned, or HUB (Historically Underutilized Business) preferences
☐ Protester's bid or proposal improperly rejected as non-responsive
☐ Failure to conduct discussions, clarifications, or best and final offers (BAFOs) as required
☐ Unequal treatment of offerors during discussions or negotiations
☐ Cost or price evaluation errors
☐ Failure to comply with terms and conditions of the solicitation
☐ Violation of competitive sealed bidding requirements under La. R.S. 39:1594
☐ Violation of competitive sealed proposals requirements under La. R.S. 39:1595
☐ Solicitation or award not in accordance with the Constitution, statutes, or regulations
☐ Failure to comply with the Louisiana Procurement Code
☐ Other: [________________________________]

FORMAL BID PROTEST DOCUMENT

BEFORE THE CHIEF PROCUREMENT OFFICER

OFFICE OF STATE PROCUREMENT

DIVISION OF ADMINISTRATION, STATE OF LOUISIANA

BID PROTEST PURSUANT TO LA. R.S. 39:1671

Protester: [________________________________]

Solicitation/RFP/IFB No.: [________________________________]

Solicitation Title: [________________________________]

Contracting Agency (Using Agency): [________________________________]

Awardee: [________________________________] (if known)

Date of [Bid Opening / Contract Award]: [__/__/____]

Date of This Protest: [__/__/____]

I. PRELIMINARY STATEMENT

This Bid Protest ("Protest") is submitted by [________________________________] ("Protester"), a [________________________________] organized under the laws of [________________________________], with its principal place of business at [________________________________], to the Chief Procurement Officer, Office of State Procurement, Division of Administration, State of Louisiana, pursuant to La. R.S. 39:1671.

Protester is aggrieved in connection with the [☐ solicitation / ☐ award] of a contract in connection with Solicitation No. [________________________________] ("Solicitation"), issued by [________________________________] ("Using Agency"), which sought [________________________________] (brief description of goods/services procured).

II. TYPE OF PROTEST

☐ Solicitation Protest: This Protest challenges the terms, conditions, or specifications of the Solicitation prior to the opening of bids.

☐ Award Protest: This Protest challenges the award of the contract to [________________________________].

III. TIMELINESS OF THIS PROTEST

For Solicitation Protest:

1. The Solicitation was issued on [__/__/____] with a bid opening date of [__/__/____].

2. This Protest is filed on [__/__/____], which is at least two (2) days prior to the opening of bids, as required by La. R.S. 39:1671(A).

3. (If housing of state agencies:) This Protest is filed at least ten (10) days prior to the opening of bids, as required for housing-related procurements under La. R.S. 39:1671(A).

4. Therefore, this Protest is timely.

For Award Protest:

1. On [__/__/____], the contract was awarded to [________________________________].

2. Protester received actual or constructive notice of the contract award on [__/__/____].

3. This Protest is filed on [__/__/____], which is within fourteen (14) days after contract award, as required by La. R.S. 39:1671(A).

4. Therefore, this Protest is timely.

IV. STANDING

1. Protester [☐ submitted a timely bid/proposal on [__/__/____] / ☐ intended to submit a bid/proposal but is aggrieved by the solicitation terms].

2. Protester is a "person who is aggrieved in connection with the [solicitation / award] of a contract" as defined by La. R.S. 39:1671(A).

3. Protester has a direct economic interest in the outcome of this procurement.

4. Protester therefore has standing to bring this Protest.

V. MANDATORY STAY OF PROCUREMENT

Pursuant to La. R.S. 39:1671(B), upon the filing of a timely protest, the State shall not proceed further with the solicitation or with the award of the contract unless the Chief Procurement Officer makes a written determination that the award is necessary without delay to protect the substantial interests of the State.

Protester hereby demands that the mandatory stay be enforced and that the State refrain from proceeding with the [solicitation / award / contract execution] pending resolution of this Protest.

If the Chief Procurement Officer has already made a written determination to override the stay, Protester respectfully requests a copy of that determination and reserves all rights to challenge the same.

VI. STATEMENT OF FACTS

Set forth a detailed chronological narrative of the relevant facts:

1. On [__/__/____], the Using Agency issued Solicitation No. [________________________________], seeking [________________________________].

2. The Solicitation established the following evaluation criteria:

a. [________________________________] -- [____] points

b. [________________________________] -- [____] points

c. [________________________________] -- [____] points

d. Cost/Price -- [____] points

e. Total possible points: [____]

3. On [__/__/____], Protester submitted its bid/proposal in response to the Solicitation.

4. [________________________________] (describe any pre-award events, amendments, clarifications, or discussions).

5. On [__/__/____], bids were opened / contract was awarded to [________________________________].

6. [________________________________] (describe any post-award events or information obtained).

7. [________________________________] (additional relevant facts).

8. [________________________________] (additional relevant facts).

VII. GROUNDS FOR PROTEST

Protester asserts the following grounds:

Ground 1: [________________________________]

[________________________________]

Supporting facts: [________________________________]

Applicable legal authority: [________________________________]

Ground 2: [________________________________]

[________________________________]

Supporting facts: [________________________________]

Applicable legal authority: [________________________________]

Ground 3: [________________________________]

[________________________________]

Supporting facts: [________________________________]

Applicable legal authority: [________________________________]

Ground 4: [________________________________]

(Add additional grounds as necessary)

[________________________________]

VIII. LEGAL ARGUMENT

A. The Solicitation or Award Was Not in Accordance with Law

Under La. R.S. 39:1671, the Chief Procurement Officer has authority to settle and resolve protests concerning the solicitation or award of a contract. The [solicitation / award] in this matter was not in accordance with the Louisiana Constitution, statutes, regulations, or the terms and conditions of the Solicitation because [________________________________].

B. The Agency Violated the Louisiana Procurement Code

The Louisiana Procurement Code (La. R.S. 39:1551 et seq.) establishes mandatory procedures for state procurement. The Agency violated these procedures by [________________________________].

C. The Evaluation Was Improper

(If applicable) The Agency's evaluation deviated from the stated evaluation criteria. Specifically, [________________________________]. Under Louisiana procurement law, an agency is bound by the evaluation criteria established in its solicitation, and deviation from those criteria constitutes a material violation.

D. The Award Was Made to a Non-Responsive or Non-Responsible Bidder

(If applicable) The Awardee's bid/proposal was non-responsive because [________________________________]. The Awardee was not a responsible bidder because [________________________________].

E. Protester Was Prejudiced

But for the Agency's errors, Protester would have [received the award / been in line for award / had a substantial chance of receiving the award]. The errors were material and directly prejudiced Protester's competitive position.

F. Additional Legal Arguments

[________________________________]

IX. REQUESTED RELIEF

Protester respectfully requests that the Chief Procurement Officer:

1. ☐ Sustain this Protest;

2. ☐ Enforce the mandatory stay of the procurement under La. R.S. 39:1671(B);

3. ☐ Cancel the solicitation;

4. ☐ Cancel the award to [________________________________];

5. ☐ Direct the Agency to re-evaluate proposals in accordance with the Solicitation's stated criteria;

6. ☐ Award the contract to Protester;

7. ☐ Direct the Agency to re-solicit the procurement;

8. ☐ Award Protester its reasonable costs incurred in connection with the solicitation, including bid/proposal preparation costs (excluding attorney fees), pursuant to La. R.S. 39:1671(E);

9. ☐ Grant such other and further relief as the Chief Procurement Officer deems just and appropriate.

X. COST RECOVERY NOTICE

Pursuant to La. R.S. 39:1671(E), when a protest is administratively or judicially sustained and the protesting bidder or proposer should have been awarded the contract but is not, the protesting bidder or proposer shall be entitled to the reasonable costs incurred in connection with the solicitation, including bid or proposal preparation costs other than attorney fees. Any administrative determination of such costs is subject to the written concurrence of the Attorney General.

Protester hereby preserves its right to recover all such costs in the event this Protest is sustained.

XI. LIST OF EXHIBITS

☐ Exhibit A: Copy of the Solicitation (or relevant excerpts)

☐ Exhibit B: Protester's Bid/Proposal (or relevant excerpts)

☐ Exhibit C: Notice of Award or Bid Tabulation

☐ Exhibit D: Correspondence with the Agency or OSP

☐ Exhibit E: Evaluation Score Sheets (if available)

☐ Exhibit F: [________________________________]

☐ Exhibit G: [________________________________]

☐ Exhibit H: [________________________________]

XII. CERTIFICATION

I, the undersigned, hereby certify that:

1. The statements and representations made in this Protest are true and correct to the best of my knowledge, information, and belief;

2. This Protest is filed in good faith and not for any improper purpose;

3. The factual contentions herein have evidentiary support;

4. I am authorized to submit this Protest on behalf of Protester.

XIII. SIGNATURE AND IDENTIFICATION

PROTESTER:

Signature: _________________________________

Printed Name: [________________________________]

Title: [________________________________]

Organization: [________________________________]

Address: [________________________________]

City, State, ZIP: [________________________________]

Telephone: [________________________________]

Email: [________________________________]

Date: [__/__/____]

COUNSEL FOR PROTESTER (if applicable):

Signature: _________________________________

Name: [________________________________], Esq.

Louisiana Bar Roll No.: [________________________________]

Firm: [________________________________]

Address: [________________________________]

City, State, ZIP: [________________________________]

Telephone: [________________________________]

Email: [________________________________]

Date: [__/__/____]

XIV. CERTIFICATE OF SERVICE

I hereby certify that on [__/__/____], a true and correct copy of the foregoing Bid Protest, together with all exhibits, was served upon the following by [☐ certified mail, return receipt requested / ☐ hand delivery / ☐ electronic mail / ☐ overnight courier]:

1. Chief Procurement Officer
   Office of State Procurement
   Division of Administration
   P.O. Box 94095
   Baton Rouge, Louisiana 70804-9095

Physical Address:
1201 N. Third Street, Suite 2-160
Baton Rouge, Louisiana 70802

2. [________________________________] (Using Agency Contact / Procurement Officer)
   [________________________________]
   [________________________________]

3. [________________________________] (Awardee or Awardee's Counsel, if known)
   [________________________________]
   [________________________________]

Signature: _________________________________

Name: [________________________________]

Date: [__/__/____]

FILING CHECKLIST

☐ Protest prepared in writing and signed
☐ Protest identifies the solicitation, awardee (if known), and challenged action
☐ Protest states specific grounds with supporting facts and legal authority
☐ Solicitation Protest: Filed at least two (2) days prior to bid opening (ten days for housing)
☐ Award Protest: Filed within fourteen (14) days after contract award
☐ Protest delivered to the Chief Procurement Officer, Office of State Procurement
☐ Copy served on Using Agency
☐ Copy served on Awardee (if known)
☐ Certificate of Service completed
☐ All supporting exhibits attached
☐ Retained copy of complete filing with proof of delivery
☐ Mandatory stay demand included
☐ Cost recovery notice included (for costs preservation)
☐ Calendar the fourteen (14) day decision deadline for the Chief Procurement Officer
☐ Calendar the seven (7) day appeal deadline (from receipt of CPO's decision)

PROTEST REVIEW PROCESS

Level 1: Chief Procurement Officer Decision

1. Mutual Agreement: The Chief Procurement Officer first attempts to resolve the protest by mutual agreement.

2. Written Decision: If not resolved by mutual agreement, the Chief Procurement Officer (or designee) shall, within fourteen (14) days, issue a decision in writing.

3. Stay Enforcement: The State shall not proceed further with the solicitation or award unless the CPO makes a written determination that awarding is necessary to protect the State's substantial interests.

Level 2: Appeal to Commissioner of Administration

1. Filing Deadline: The person adversely affected by the CPO's decision must file a written appeal with the Commissioner of Administration within seven (7) days of receipt of the CPO's decision, pursuant to La. R.S. 39:1683.

2. Commissioner's Decision: The Commissioner shall decide within fourteen (14) days of receipt of the appeal whether the solicitation or award was in accordance with the Constitution, statutes, regulations, and the terms and conditions of the solicitation.

3. Standard of Review: The Commissioner determines whether the procurement was conducted in accordance with applicable law.

Level 3: Judicial Review

1. Exclusive Venue: The Nineteenth Judicial District Court (East Baton Rouge Parish) has exclusive venue over actions between the State and a bidder, offeror, or contractor to determine whether a solicitation or award is in accordance with the law. La. R.S. 39:1691.

2. Filing: The aggrieved party may file suit in the Nineteenth Judicial District Court after exhausting administrative remedies.

3. Standard of Review: Whether the solicitation or award was in accordance with the Constitution, statutes, regulations, and the terms and conditions of the solicitation.

REMEDIES AVAILABLE

Under the Louisiana Procurement Code, the following remedies may be available:

• Cancel the solicitation
• Cancel the award
• Re-evaluation of bids or proposals
• Re-solicitation of the procurement
• Award to the protester (if appropriate)
• Reasonable costs: When the protest is sustained and the protester should have been awarded the contract but is not, the protester is entitled to reasonable costs incurred in connection with the solicitation, including bid/proposal preparation costs (excluding attorney fees). La. R.S. 39:1671(E). Administrative determination of costs requires written concurrence of the Attorney General.
• Mandatory stay enforcement
• Such other corrective action as appropriate

APPEAL TO COMMISSIONER OF ADMINISTRATION (TEMPLATE)

If the Chief Procurement Officer's decision is adverse, the following template may be used for the appeal:

BEFORE THE COMMISSIONER OF ADMINISTRATION

DIVISION OF ADMINISTRATION, STATE OF LOUISIANA

APPEAL OF BID PROTEST DECISION PURSUANT TO LA. R.S. 39:1683

Appellant (Protester): [________________________________]

Solicitation No.: [________________________________]

Date of CPO Decision: [__/__/____]

Date Appellant Received CPO Decision: [__/__/____]

Date of This Appeal: [__/__/____]

TO THE COMMISSIONER OF ADMINISTRATION:

Pursuant to La. R.S. 39:1683, [________________________________] ("Appellant") hereby appeals the decision of the Chief Procurement Officer dated [__/__/____], which [denied / partially denied] Appellant's Bid Protest concerning Solicitation No. [________________________________].

Timeliness: This appeal is filed within seven (7) days of Appellant's receipt of the CPO's decision, as required by La. R.S. 39:1683.

Grounds for Appeal:

1. The CPO's decision was incorrect because [________________________________].

2. The solicitation or award was not in accordance with the Constitution, statutes, regulations, and the terms and conditions of the solicitation because [________________________________].

3. [________________________________] (additional grounds).

Relief Requested: Appellant requests that the Commissioner reverse the CPO's decision and [________________________________].

Signature: _________________________________

Name: [________________________________]

Date: [__/__/____]

IMPORTANT NOTES AND PRACTICE TIPS

1. Mandatory Stay Is Powerful: Louisiana's mandatory stay provision (La. R.S. 39:1671(B)) is one of the strongest in the nation. Upon a timely protest, the State cannot proceed unless the CPO makes a written determination of necessity. Demand enforcement of the stay.

2. Tight Deadlines: The two-day deadline for solicitation protests and the fourteen-day deadline for award protests are strictly enforced. Count carefully.

3. Seven-Day Appeal Deadline: The appeal to the Commissioner must be filed within seven (7) days of receipt of the CPO's decision. Calendar this immediately upon receiving the decision.

4. Cost Recovery: Louisiana law specifically entitles a successful protester to reasonable costs (excluding attorney fees) when the protest is sustained and the protester should have received the award. This requires written concurrence of the Attorney General.

5. Exclusive Venue: All judicial actions must be filed in the Nineteenth Judicial District Court (East Baton Rouge Parish). No other court has venue.

6. Three-Tier Process: Louisiana has a clear three-tier process: (1) protest to CPO, (2) appeal to Commissioner, (3) judicial review in 19th JDC. Exhaust administrative remedies before seeking judicial review.

7. Housing Procurements: Protests related to housing of state agencies require ten (10) days' notice before bid opening (rather than two days). Verify whether your procurement falls in this category.

8. Preserve All Documents: Immediately upon learning of an adverse action, preserve all procurement-related documents, communications, and correspondence.

This template is provided for informational purposes only and does not constitute legal advice. Consult a qualified Louisiana attorney before filing a bid protest.

SOURCES AND REFERENCES

• La. R.S. 39:1551 et seq. -- Louisiana Procurement Code
• La. R.S. 39:1671 -- Authority to Resolve Protested Solicitations and Awards
• La. R.S. 39:1683 -- Protest of Solicitations or Awards (Appeal to Commissioner)
• La. R.S. 39:1691 -- Actions by or Against the State in Connection with Contracts
• La. Admin. Code tit. 34, Part V -- Office of State Procurement Rules
• Office of State Procurement: https://www.doa.la.gov/doa/osp/