Government Contracts
Bid Protests
Fluet’s Government Contracts Practice helps government contractors protect and pursue critical federal opportunities through strategic bid protest counsel and experienced advocacy before federal agencies, the Government Accountability Office (GAO), the U.S. Court of Federal Claims (COFC), and the Small Business Administration’s Office of Hearings and Appeals (OHA).
Our attorneys bring firsthand experience from both sides of the procurement process, having adjudicated bid protests at GAO, served within federal agencies, represented the government in procurement disputes, worked as Contracting Officers, advised acquisition decision-makers, and represented contractors across nearly every federal contracting agency. This perspective allows us to identify vulnerabilities in the record, anticipate the government’s defenses, and focus on arguments that matter. Fluet attorneys also hold Secret and Top Secret security clearances, positioning us to handle protests involving sensitive and classified defense, intelligence, and aerospace procurements.
Our clients benefit from Fluet’s past experience including:
- Engagement with proposal, capture, and business strategy teams before offers are due to determine whether restrictive, ambiguous, or otherwise improper solicitation terms warrant a pre-award protest.
- Advising contractors throughout the acquisition lifecycle on procurement risks, mitigation approach, and protest strategy.
- Helping contractors prepare for post-award debriefings to examine agency procurement decisions and identify potential protest grounds.
- Representing protesters before federal agencies, the GAO, and COFC, including protests that result in corrective action and other favorable outcomes.
- Intervening on behalf of awardees in protests before the GAO and COFC to protect hard-won contract awards, defend the agency’s evaluation against competitor challenges, and minimize disruption to contract performance.
- Representing contractors in SBA size and status protests and related proceedings before OHA to protect eligibility for small business and socioeconomic set-aside opportunities.
- Guiding clients through corrective action, reevaluations, and award reconsiderations following protest proceedings, including strategic decisions about proposal compliance, agency communications, and renewed protest rights.
- Advising contractors on challenges involving sole-source awards, organizational conflicts of interest, restrictive specifications, and other procurement irregularities.
- Navigating protests and litigation involving Other Transaction Agreements (OTAs) and other non-traditional acquisition vehicles, where jurisdiction, available remedies, and the government’s use of alternative acquisition authority can present issues distinct from traditional FAR-based procurements.
- Advising aerospace, defense, technology, and national security contractors pursuing complex federal procurement opportunities.
- Leveraging our collective experience to provide informed and practical advice when critical contract opportunities are at stake.
