Bid Protests

The Administrative Dispute Resolution Act (ADRA) of 1996 grants exclusive federal judicial jurisdiction involving pre- and post-award bid protests to the United States Court of Federal Claims (COFC). A bid protest before the COFC proceeds according to the COFC’s rules of procedure which generally follow the Federal Rules of Civil Procedure with certain adaptations...

In 1995, President Clinton issued Executive Order 12979 directing all executive agencies to establish alternative dispute resolution (ADR) procedures for bid protests. Executive Order 12979 directs agency heads to create systems that, “to the maximum extent possible,” will allow for the “inexpensive, informal, procedurally simple, and expeditious resolution of protests.” Executive Order 12979, Sec....

A disappointed offeror or “protestor” can choose Alternative Dispute Resolution (ADR), as a means of resolving a protest involving an agency’s award of a federal government contract.  ADR can be implemented at any of the three forums where a contract award can be protested: the agency-level, the Government Accountability Office (GAO), or the Court...