The bid protest process
from Off the Shelf
Luke Levasseur and Evan Williams, counsel at Mayer Brown, join Off the Shelf for an in depth discussion of the bid protest process. Levasseur and Williams outline the underlying authority and rationale for bid process and the role the process plays in the procurement process. They walk through the procedural steps of a GAO bid protest, sharing the key litigation timelines, standards of review, document production requirements, and the administrative procedures for reviewing and commenting on the agency record. In addition, Levasseur and Williams provide their insights on the “dos and don’ts” of the litigation process, including common mistakes protesters make when challenging an agency award decision. They also cover the Court of Claims bid protest process, highlight the procedural, jurisdictional, and precedential differences between the Court and GAO. Finally, Levasseur and Williams share the strategic considerations for a protester when choosing whether to go to GAO or the Court, including the relative success numbers.
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