As of 20244 CFR Part 21
Detailed Answer
Pre-award protests address problems before a contract is awarded:
**Grounds for pre-award protest:**
- Unduly restrictive or ambiguous requirements
- Improper evaluation criteria
- Failure to set aside for small business
- Organizational conflicts of interest
- Exclusion from competitive range
- Improper discussions conduct
**Timing requirements:**
- Solicitation defects: Before proposal due date
- Other issues: Within 10 days of knowledge
- Filing deadlines strictly enforced
- Late protests typically dismissed
**Where to file:**
- Agency level (fastest, less formal)
- GAO (most common, triggers stay)
- Court of Federal Claims (judicial)
- Each has different procedures
**Pre-award protest effects:**
- May delay solicitation timeline
- Government may take corrective action
- Other offerors may be affected
- Relationship implications with agency
**Strategic considerations:**
- Exhaust informal resolution first
- Consider long-term relationship impact
- Evaluate likelihood of success
- Assess timing and business need
- Document your concerns thoroughly
**When pre-award protest makes sense:**
- Requirements clearly exclude you improperly
- Evaluation criteria unfairly disadvantage you
- Solicitation contains material errors
- Important principle at stake
**Better alternatives sometimes:**
- Submit questions through formal process
- Engage agency directly about concerns
- Bid anyway and evaluate post-award options