So you lost an award relating to a Virginia public procurement, and want to protest. What are the basic requirements? They are actually fairly simple, but do require prompt action. A protest must be filed with the awarding authority within ten (10) days of the award or the decision to award, whichever is earlier. There is a potential additional ten (10) day time clock if procurement related documents have been requested under the procurement code (Section 2.2-4303), if the basis or an additional basis of protest is based on that document production. The written protest must include the basis for the protest and the relief sought.
The procuring agency’s response is due within ten (10) days, and the protestor then has ten (10) days from receipt to appeal, or the procuring agency’s decision is final. We’ll look at protest bases and potential relief in other blogs.