Experienced Bid Protest Attorneys for Government Contract Disputes

Experienced bid protest attorneys at Centre Law expertly prosecute and defend bid protests and legal disputes before the GAO, and U.S. Court of Federal Claims.

When You Need a Bid Protest Attorney

You Lost an Award You Expected to Win

  1. The agency debriefed you, and the evaluation doesn’t add up. You have 10 days from the debriefing to file a GAO protest. If the agency is not providing a date for the debriefing, then file within 10 days of the date you knew you did not win the contract award.
  2. Under the Competition in Contracting Act (CICA), when a protest is filed at GAO, the agency is generally required to suspend contract performance automatically while the protest is pending.
  3. CICA automatically stays (suspends) contract performance when a protest is filed within 10 days of contract award. If you protest after 10 days (but within the debriefing window), there is no automatic stay.
  4. Centre’s bid protest attorneys mobilize immediately to review the record, identify viable grounds, and file winning protests under extreme time pressure.

You Won, but a Competitor Just Protested Your Award

  1. Contract performance is now stayed. You need to intervene and defend the award before GAO or the Court of Federal Claims.
  2. We have successfully defended hundreds of contract awards as intervenors, protecting your win and getting you back to performance as quickly as possible.

The Solicitation Contains Flawed or Unfair Terms

  1. Overly restrictive requirements, unclear evaluation criteria, or specifications that favor the incumbent must be challenged before proposals are due.
  2. Pre-award protests level the playing field. Centre evaluates whether the cost of a protest is justified by the improved probability of winning the contract.

The Agency Made Evaluation or Procedural Errors

  1. Unequal treatment of offerors, improper discussions, flawed cost realism analysis, or responsibility determinations that ignore the record are all grounds for protest.
  2. Our attorneys have sustained protests based on these issues across defense, IT, construction, and professional services contracts.

Department of Defense Task Orders

  1. For DoD “enhanced debriefing” procurements, the deadline is tighter: A protester must file within five days of receiving its required debriefing in order to obtain the automatic stay of performance under CICA.
  2. If an unsuccessful offeror has an opportunity to submit written debriefing questions after the government’s debriefing but declines to do so, the debriefing concludes — and the five-day clock starts — at the end of the government’s affirmative debriefing, not the deadline the offeror would have had to submit additional questions.

Where We File and Defend Protests

GAO Protests

Fast, Cost-Effective, Automatic Stay

GAO issues decisions within 100 days and can automatically stay contract performance while the protest is pending. This is the most common forum for post-award protests. Centre has filed and defended hundreds of GAO protests, including recent wins on multibillion-dollar contract vehicles like VA T4NG2.

Court of Federal Claims

When GAO Isn't Enough

COFC is a federal court with broader remedies and discovery than GAO. It’s the right choice when GAO denies your protest, timing makes GAO unavailable, or you need injunctive relief.

SBA Office of Hearings and Appeals

Size and Status Protests

When a competitor challenges your small business status, 8(a) eligibility, or NAICS code, SBA OHA is the forum. These protests can disqualify you from set-aside contracts. Centre defends contractors in size and status protests and challenges improper certifications by competitors.

Agency-Level Protests

Early Resolution Before GAO

Filing with the procuring agency itself can lead to faster corrective action without formal GAO proceedings. Agencies have 35 days to respond. We use agency-level protests strategically when early dialogue with the contracting officer is likely to resolve the issue.

Want to discuss bid protests?

Our attorneys have over 30 years of experience in Government Contracts and are experts in Bid Protests. We are ready to assist you today.

How We Win Protests: Proven Grounds and Strategies

When the agency’s evaluation is inconsistent with the solicitation’s stated criteria, fails to document its rationale, or applies unstated evaluation factors, the protest has strong merit. Centre has sustained protests where agencies ignored proposal strengths, applied subjective scoring without justification, or changed evaluation methodologies mid-competition.

All offerors must be treated equally. If the agency gave one competitor clarifications or allowed corrections that weren’t offered to you, that’s a viable protest ground. We have won protests where agencies conducted unequal discussions, disclosed one offeror’s pricing to another, or accepted late proposals from favored competitors.

Agencies must evaluate whether proposed costs are realistic and reflect a clear understanding of contract requirements. Protests succeed when the analysis is cursory, unsupported, or ignores red flags. Centre has overturned awards where agencies accepted unrealistically low prices without questioning the awardee’s ability to perform.

A contractor must be responsible (capable, ethical, financially sound) to receive an award. Protests succeed when agencies ignore evidence of non-responsibility or fail to conduct adequate due diligence. We have sustained protests where awardees lacked required certifications, had poor past performance, or misrepresented their qualifications.

When a contractor’s prior work gives them an unfair competitive advantage or impairs their objectivity, the agency must mitigate or disqualify them. Centre has won protests based on unmitigated conflicts where the awardee helped write the solicitation or had insider access to competitor information.

What to Expect When Filing a Protest

Protect Your Contract When Competitors Protest

What Happens When Your Award Is Protested

The moment a competitor files a GAO protest, contract performance is automatically stayed. You cannot begin work until the protest is resolved. You must intervene to defend the award. As intervenor, you have full access to the record and can file arguments supporting the agency’s decision.

Why You Need Experienced Defense Counsel

The protester will attack the evaluation, your proposal, and the agency’s rationale. You need counsel who can defend your technical approach, pricing, and qualifications aggressively. Centre has defended hundreds of awards and knows how to protect your win without relying solely on the agency’s defense.

Our Defense Strategy: Aggressive and Proactive

We don’t wait for the agency to defend you. We file comprehensive intervenor comments that highlight the protester’s weaknesses, support the evaluation, and demonstrate why your proposal was superior. Many protests are dismissed or denied because our defense makes it clear the agency’s decision was reasonable and well-documented.

Minimizing Performance Delays

The faster the protest is resolved, the faster you can begin work. We push for early dismissal, override of the stay, or corrective action that preserves your award. In some cases, we negotiate outcomes that allow limited performance to continue while the protest is pending.

Bid Protest FAQs: Your Questions Answered

At GAO, you generally have 10 days after you knew or should have known the basis of protest. For solicitation issues, the deadline is before the proposal due date. For award decisions, it’s 10 days after the debriefing, or 5 days for DOD task orders with enhanced debriefings. Contact one of our bid protest attorneys immediately to preserve your rights and avoid missing critical deadlines.

GAO protests are faster (100-day timeline), less expensive, and automatically stay contract performance. COFC protests are full federal court litigation, take 6-12+ months, and don’t automatically stay performance. COFC is often used when GAO denies your protest, timing makes GAO unavailable, or you need broader remedies like injunctive relief.

GAO sustains approximately 15-20% of protests it decides on the merits. However, many protests result in agency corrective action before GAO issues a decision, which is also a win. Total success rate (sustains plus corrective action) is significantly higher. Centre assesses your specific grounds and provides an honest probability analysis before filing.

Bid protests are a normal part of federal procurement. Agencies expect them and understand contractors’ rights to challenge unfair decisions. Protests are handled by legal counsel, not program managers. Most contractors who file protests continue successful relationships with agencies afterward.
The protest automatically stays contract performance at GAO. You should intervene to defend the award and protect your win. As the awardee-intervenor, you have full access to the record and can file arguments supporting the agency’s decision. Centre has successfully defended hundreds of awards.
Common grounds include improper evaluation methodology, unequal treatment of offerors, inadequate discussions, flawed cost realism analysis, improper responsibility determinations, and organizational conflicts of interest. Centre has won protests on all of these grounds across defense, IT, construction, and professional services contracts.

Still Have Questions?

Contact Centre or one of the attorneys listed below to learn how we can support your USERRA compliance needs.

Meet Our GAO COFC Bid Protest Attorneys

Managing Partner

Barbara Kinosky

Barbara Kinosky, Esq., is the Managing Partner of Centre Law and a highly experienced professional with over thirty years of representing clients in various federal government contracting issues, disputes, and protests. Barbara has been recognized for her outstanding contributions to federal government contracting and was voted into the American Bar Foundation as a Fellow, an honor limited to the top 1% of licensed attorneys.Barbara Kinosky is a nationally renowned speaker, author, expert witness, and AAA Arbitrator specializing in complex prime...

Centre Resources

Learn more from our expert bid protest lawyers via our insights and resources.

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Additional Government Contracts Legal Services

Our attorneys specialize in multiple areas of Government Contract Law.

Our government contract attorneys represent clients around the world and domestically in claims, disputes, requests for equitable adjustment, contract terminations, and settlements.

In summary, a claim against the U.S. Government is a written demand for payment that is governed by the Contract Disputes Act of 1978 and the Federal Acquisition Regulation (FAR). The FAR states in subpart 2.101: “Claim” means a written demand or written assertion by one of the contracting parties seeking, as a matter of right, the payment of money in a sum certain, the adjustment or interpretation of contract terms, or other relief arising under or relating to the contract. However, a written demand or written assertion by the contractor seeking the payment of money exceeding $100,000 is not a claim under 41 U.S.C. chapter 71, Contract Disputes, until certified as required by the statute. A voucher, invoice, or another routine request for payment that is not in dispute when submitted is not a claim. The submission may be converted to a claim, by written notice to the contracting officer as provided in 33.206(a), if it is disputed either as to liability or amount or is not acted upon in a reasonable time.

Centre Law and Consulting has over 20 years of experience in government contract dispute and litigation. While our primary goal is to resolve each issue with the contracting officer, sometimes litigation is unavoidable. When this happens, our expert government contracting lawyers will work with you to quickly select the best judicial forum for prompt and fair resolution.

We also have substantial experience in arbitrations, mediations, and other forms of alternate dispute resolution, including international arbitrations and mediations. Our team includes two former clerks at the Board of Contract Appeals, a former Court of Federal Claims clerk and a former DOJ Commercial Branch litigator. We understand government contract litigation and its processes. Whenever litigation is being contemplated or pursued, we assist with the preparation for negotiations and remain alert to the strategic considerations and opportunities for favorable settlements or alternative mechanisms that will help avoid protracted disputes.

The Service Contract Labor Standards (SCLS) formerly known as the Service Contract Act (SCA) applies to every contract entered into by the United States or the District of Columbia, where the principal purpose of which is to furnish services in the United States through the use of service employees. Contractors and subcontractors performing on such Federal contracts must observe minimum wage and safety and health standards and must maintain certain records unless a specific exemption applies. The Act requires minimum monetary wages for non-exempt service workers, as determined by a Department of Labor wage determination (WD) or collective bargaining agreement (CBA) and requires employers to provide Health and Welfare benefits.

Our government contracting attorneys conduct compliance reviews for contractors and defend investigations and actions brought by the Department of Labor against contractors for alleged SCLS violations. SCLS compliance is especially difficult because the regulations touch various departments within an organization, including accounting, human resources, program management, contracts, and executive management. Without an overhead look at all departments and the knowledge of where to look, violations can be undetected for years.

Our government contracting lawyers and staff are prepared to help you through your SCA issues, whether you have a legal issue, want to ensure SCA compliance, or need SCA training.

Centre attorneys have extensive experience in small business subcontracting issues. We have years of success assisting clients determine eligibility for small business programs, capturing set-aside dollars, establishing mentor-protégé relationships, reviewing subcontracting plans and defending size protests. Centre has expert attorneys who understand the various size standards and requirements applied by the Small Business Administration (“SBA”) in determining whether a business can be classified as small for purposes of government contract opportunities.

Government contract businesses that are other than small must ensure that they are doing their best to meet subcontracting goals set forth in each contract. The Centre Law & Consulting government contracting team possesses the necessary knowledge and background to help these contractors navigate important laws and regulations regarding small business subcontracting plans. In addition, Centre Law & Consulting advises small business clients on how to take advantage of opportunities that are available as a result of subcontracting plan requirements.

Centre’s government contracting professionals have prepared, negotiated and interpreted subcontracts and teaming agreements for over 20 years. Our experience ensures that these agreements are not only well-crafted and legally sound but are also an invaluable tool for both parties to expand business and contracting opportunities.

Subcontracting and teaming are integral aspects of the federal procurement industry. Whether the relationship is formulated in order to meet small business subcontracting goals or to take advantage of a teaming partner’s complimentary capabilities, the success of each arrangement depends largely on the functionality and effectiveness of the agreement that governs the relationship between the parties. Indeed, the relationships between the federal government, prime contractors, subcontractors, and teaming partners are complex. Beyond the drafting and preparation of the agreements themselves, there are unique regulatory hurdles that can cause everlasting conflict and problems in the contracting relationship. In addition to the crucial application of contract flow-down clauses in subcontracts, contractors must understand the effects and importance of executing comprehensive teaming agreements and subcontracts that include all of the terms, conditions, and provisions that are essential to a successful partnership for government business.

Terminations, suspension and debarment are discretionary adverse administrative actions which prevent private companies and individuals from participating in Federal Government contracts, subcontracts, loans, grants and other assistance programs.  Often, they can have a devastating effect on hard-working individuals or companies doing business with the Federal Government.  The effect of termination, suspension or debarment by a Federal agency is government-wide.  Centre’s objective is to quickly develop evidence in mitigation, extenuation, and rebuttal to show present contractor responsibility and to secure the best possible result with minimal personnel and business interruptions. With over two decades of experience, our government contracting attorneys can provide you the expert legal counsel in any termination, suspension or government contract debarment case.

Government contracts for the purchase of goods and products commonly require certification that the contractor’s products comply with the Buy American Act (BAA) or Trade Agreements Act (TAA). This certification is a frequent challenge of rivals in bid protests before the GAO. Suddenly discovering a central product is illegible for sale to the government can be devastating for many contractors. Centre trains compliance to the acts, advises on specific solicitation certifications, and advocates for proper interpretation of the statutes for our many clients selling to the federal government.

if you are seeking expert legal guidance and representation in the realm of government contracts, look no further than Centre Law Group. Our team of highly skilled government contracting lawyers is dedicated to providing comprehensive solutions tailored to your specific needs. With our deep knowledge of the intricate landscape of government contracting law, we are equipped to navigate the complexities of the procurement process and help you achieve your objectives. Trust Centre Law Group as your partner and let us guide you through the intricate world of government contracts with confidence. Contact our government contracting attorneys today to discuss your legal needs and take the first step towards success in the government contracting arena.