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Key Case Law Rules for Government Contract Formation by Patrick Butler

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INTRODUCTION

The Protest Forums and the Process

This introduction provides a general overview of the bid protest process and the forums where protests are filed. It begins with the definition of a “protest” and then explains the three different forums where a protest can be filed.2

Definition of a “Protest”

Before examining the three bid protest forums, it is helpful to define what “protest” means in our federal procurement system. Section 33.101 of the Federal Acquisition Regulation (FAR) defines the term protest as follows:

… a written objection by an interested party to any of the following:

(1) A solicitation or other request by an agency for offers for a contract for the procurement of property or services.

(2) The cancellation of the ...

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