Government contract attorneys face tight deadlines when filing bid protests, often with only 10 days to submit a notice of intent. Manually drafting compliant protest notices requires careful attention to regulatory requirements, proper formatting, and precise legal language—all while racing against the clock. Errors or omissions can result in dismissed protests and lost opportunities for clients.
Federal bid protests operate under strict 10-day deadlines where missing a filing window means losing protest rights entirely. Drafting a compliant Notice of Intent to Protest Award requires precise regulatory citations, proper standing establishment, and strategic ground articulation—all while racing against the clock to trigger the automatic stay of performance.
CaseMark analyzes your procurement documents and automatically generates FAR 33.103-compliant protest notices that establish interested party status, articulate grounds with appropriate specificity, and include proper stay requests. Our AI ensures timely filing while preserving strategic flexibility for your formal protest.
This workflow is applicable across multiple practice areas and use cases
Commercial litigation attorneys representing contractors in bid protest disputes need to draft formal notices challenging procurement decisions and contract awards in commercial contexts.
Bid protests often escalate to commercial litigation when contractors dispute procurement processes, requiring similar formal notice procedures and compliance with procedural requirements for preserving legal rights.
Regulatory attorneys advising clients on administrative protest procedures across various agencies need to draft compliant notices that meet specific regulatory filing requirements and deadlines.
The workflow's built-in compliance checks and regulatory requirement tracking are valuable for any regulatory practice dealing with administrative challenges and agency decision protests beyond just government contracts.
General litigation practitioners handling procurement-related disputes need to file timely protest notices to preserve clients' rights to challenge contract awards and procurement decisions.
The workflow's focus on meeting tight filing deadlines, establishing standing, and requesting stays of performance applies broadly to litigation contexts where procedural compliance and timely notice are critical.
Under FAR 33.103(e) and 4 C.F.R. § 21.2(a)(2), you must file within 10 days after the basis of protest was known or should have been known—typically from the debriefing date or award notification. This notice then triggers a requirement to file the formal protest with GAO within another 10 days. Missing these deadlines can result in complete loss of protest rights, making immediate action critical.
Yes, when properly filed and followed by a timely formal protest, FAR 33.104(c) and 31 U.S.C. § 3553(d) require an automatic stay of contract performance. The agency cannot authorize performance unless the agency head makes a written finding of urgent and compelling circumstances. Your notice must explicitly request this stay and confirm that the formal protest will follow within the required timeframe.
The notice must provide sufficient specificity to satisfy FAR notice requirements and establish your standing as an interested party, but should avoid prematurely revealing your complete legal strategy and evidence. Focus on identifying the categories of alleged errors, demonstrating competitive prejudice, and confirming timeliness. Reserve detailed legal arguments, extensive factual support, and comprehensive evidence for the formal GAO protest that follows within 10 days.
Failure to demonstrate interested party standing under 31 U.S.C. § 3551(2) can result in dismissal of your entire protest. You must show that your client submitted a proposal, has a direct economic interest in the award, and would be next in line for award or had a substantial chance of award but for the alleged errors. Without proper standing, even meritorious protest grounds will not be considered by GAO or the agency.
Yes, CaseMark analyzes your procurement documents to identify potential protest grounds including evaluation errors, solicitation defects, unequal treatment, and regulatory violations. The system helps you assess whether you can demonstrate competitive prejudice and interested party status—the two critical elements for a viable protest. This analysis helps you make informed strategic decisions about whether to proceed with the protest before investing in the full formal filing.