Bid protest: challenging a ride contract award, and the short deadlines that apply
Overview
A bid protest is a written challenge to a solicitation or contract award, filed with the buyer, the Government Accountability Office (GAO) or a state board. The deadlines are short: 10 days for a federal protest to GAO, 10 business days at the DC Contract Appeals Board, and 72 hours for the first notice in Florida. A timely protest can pause the award or the contract.
On this page
What a bid protest is
A bid protest is a written challenge to the terms of a solicitation or to a contract award. An interested party files it, meaning an actual or prospective bidder or offeror whose direct economic interest would be affected by the award or by the failure to award (4 CFR 21.0). It argues that the buyer broke its own rules or the law. It is separate from a debriefing, which is where you learn why you lost. How to request one and what you can get from the winner’s file is in how to find out who won a ride contract, and the wider process of bidding on public ride work is in government NEMT contracts.
Where do you file, and by when?
Deadlines run from 72 hours to 10 days, and the clock usually starts when you knew or should have known the grounds.
| Where you file | Deadline | Clock starts |
|---|---|---|
| GAO, federal buys | 10 days | You knew or should have known; after a required debriefing, 10 days from the debriefing |
| The federal agency itself | 10 days | Same trigger as GAO |
| SBA size protest, against the winner’s size | 5 business days | You are told who the apparent awardee is (sealed bids: bid opening) |
| DC Contract Appeals Board | 10 business days | The basis was known or should have been known |
| Florida state agencies | 72 hours for notice, then 10 days for the formal protest | The notice of decision is posted |
| City of Raleigh, 2022 transit RFP | 5 working days | You know or should know the grounds |
A defect you can see in the solicitation has an earlier deadline: before bid opening or the closing date for proposals. GAO days are calendar days, and a filing counts only when it reaches GAO’s electronic system by 5:30 p.m. Eastern (4 CFR 21.0).
A timely protest to the federal agency changes the GAO deadline: if the agency denies it, a protest to GAO is due within 10 days of learning of that first adverse action (4 CFR 21.2(a)(3)). It does not extend the time for getting a stay at GAO, and the agency tries to resolve its own protests within 35 days (FAR 33.103).
What grounds succeed?
A protest wins when the buyer departs from its solicitation or the law. At GAO the question is whether the solicitation or award complies with statute and regulation (31 U.S.C. 3554(b)). Federal rules require an agency to evaluate competitive proposals solely on the factors and subfactors stated in the solicitation (FAR 15.305). In DC, arguing that the buyer wanted the wrong thing is hard: the buyer’s determination of its minimum needs is a business judgment, and the Board may not sustain a protest on it unless the protester shows by clear and convincing evidence that it lacked a reasonable basis.
Two NEMT broker procurements show different grounds:
- DC, 2026. The District chose Verida as its broker for fee-for-service and intellectual and developmental disabilities rides and signed contract CW135340 on July 7, 2026. On August 5, the incumbent MTM filed protest P-1231 with the Contract Appeals Board, challenging how proposals were evaluated.
- Arkansas, 2025. After a coin flip among three tied low bidders, ModivCare won the Region G award. The state later rescinded it because ModivCare had filed for Chapter 11. ModivCare protested that the process violated a statute. The State Procurement Director sustained the protest on October 20, 2025, because the rescission rested solely on the bankruptcy filing, which 11 U.S.C. 525(a) bars. DHS was told to reinstate the award unless ModivCare was found non-responsible for other reasons.
Does filing stop the contract?
Often, if you file in time. Once a federal agency has notice of a GAO protest, it may not award the contract while the protest is pending, unless the head of the procuring activity makes a written finding of urgent and compelling circumstances (31 U.S.C. 3553(c)). After award, performance stops if the agency gets notice within 10 days of award or within 5 days after the debriefing offered, whichever is later. A protest filed after those windows does not trigger the automatic stay.
DC works the same way: no award once the contracting officer has notice, and a stop-work order if notice arrives within 11 business days after award (D.C. Code 2-360.08). Florida stops the solicitation or award when a timely formal protest is filed, unless the agency head writes that continuing is needed to avoid an immediate and serious danger to public health, safety or welfare (section 120.57(3)).
In DC, the District issued a stop-work order on Verida’s contract the day after MTM filed. On September 16, 2026, it told the Council it did not expect a Board decision for at least two months, and it asked the Council to approve a sole-source extension of MTM’s incumbent contract from October 1 through December 31, 2026, at an estimated $6,051,195. A protest can keep an incumbent working while it is decided.
How long does a protest take, and what does a win get you?
GAO must issue a final decision within 100 days, or 65 days under its express option (31 U.S.C. 3554). DC’s Board has 60 business days. Raleigh’s 2022 procedure gives five working days for the answer, five to appeal and five for the final decision.
A win seldom hands you the contract. GAO recommends corrective action and may recommend that the agency pay the protester’s filing costs and its bid and proposal costs. DC’s Board may terminate the awarded contract but cannot direct an award to a particular company. It may award bid or proposal preparation costs and the costs of pursuing the protest, not including legal fees, if the District acted arbitrarily or capriciously. A protest the Board finds frivolous can make the protester pay the agency’s attorney fees.
Local purchases with federal money
A county or city buying with federal grant money settles its own protests. The federal standards make the recipient responsible for settling protests, and the federal agency does not substitute its judgment unless the matter is primarily a federal concern (2 CFR 200.318(k)). Raleigh’s 2022 RFP says a protest of a federally funded procurement may go to the Federal Transit Administration only after you exhaust the city’s process, and that FTA generally reviews it only if the city failed to follow its own procedures. For a federal transit program that brings these rules to ride contractors, see Section 5307.
Frequently asked questions
- What is the deadline for filing a bid protest?
- For a federal protest to GAO, no later than 10 days after you knew or should have known the grounds. If a debriefing was requested and required, file within 10 days after the debriefing is held. A defect you can see in the solicitation must be protested before the closing date. State deadlines differ: 10 business days in DC, and 72 hours for a notice of protest in Florida.
- Who is allowed to file a bid protest?
- An interested party. At GAO that means an actual or prospective bidder or offeror whose direct economic interest would be affected by the award or by the failure to award. Raleigh's 2022 transit RFP draws a narrower line for award protests: only proposers who submitted a bid and would be eligible for selection if the protest were upheld.
- Does filing a bid protest stop the contract?
- Often, if you file in time. A GAO protest stops an award while it is pending, and a protest filed within 10 days after award, or within 5 days after the debriefing offered if that is later, stops performance. A buyer can override that with a written finding of urgent and compelling circumstances. DC and Florida have similar stay rules with the same kind of override.
- How long does a bid protest take?
- GAO must decide within 100 days, or 65 days under its express option. DC's Contract Appeals Board has 60 business days. A federal agency tries to resolve its own protests within 35 days. A city can be faster: Raleigh's procedure gives five working days for each step.
- Should I protest to the agency first or go straight to GAO?
- You can do either. An agency-level protest is usually quicker, because the agency tries to resolve it within 35 days, but it does not extend the time for a stay at GAO. If a timely agency protest is denied, a protest to GAO is due within 10 days of learning of that first adverse action. If you want a stay, count the 10 days from award and the 5 days from debriefing yourself.
