Govt Business Transactions: Contract Protests & Bidding - Essay Sample

Introduction

Government business with other parties is typical in most states. The modern entrepreneurial culture best describes the type of business transactions between the government agencies and other parties or businesses as contractual. A contract protest refers to a written objection by an interested party to the conduct of a state agency or a business in acquiring/ supplying items or services for their benefit. Parties that express interest in doing such business are called bidders or offerors. The contract process may not guarantee a win for the bidder or offeror. One can either win or lose, resulting in a contract protest. Small size business protests and bid protests are examples of contract protests. In this paper, a broad discussion on bid protests, their occurrence, participants, and importance to government contracting are presented.

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A bid protest is familiar with government agencies in the U.s congress. According to Manuel and Schwartz(2016), a written objection to the conduct of government agencies in acquiring supplies for their benefit fits as a bit protest. The two specialists in their report further argue that in the event where government agencies carry out questionable conduct in requesting offers, canceling such requests, or awarding contracts for their benefit, then such behavior would necessitate a bid protest. Additionally, on awarding or giving proposals for contracts, government agencies may engage in cancellation of the deals on account of expropriation. Such activity may also call for a bid protest. There are numerous instances where government agencies convert government employee functions to private functions, which further explain the occurrence of a bid protest(Manuel,2016).

The U.S congress identifies three primary forums that can hear bid protests. The Government Accountability Office(GAO), the U.S Court of federal claims as well as the procuring agencies are mandated to give legal guidelines regarding bid contracts. The three forums stipulate parties that file bid protests. The Government Accountability Office remains popular and outlines that any party or a prospective bidder can be a party to a GAO protest. Moreover, agencies reported for violations of the federal procurement law can still file a bid protest showing their dissatisfaction. GAO also allows protests from intervenors whose aim is protecting their interests and status. These qualifications are, however, subject to possession of the requirements and sufficient knowledge of contracts. These stipulations are in either of the different forums used (Lasky, 2018).

Bid protests are invaluable to the U.S congress. First, they give citizens and potential bidders to air their grievances appropriately on government contracting. It not only drives away fear from them but also gives them trust in the process(Arena et al.,2018). Accountability is a crucial element in government contracting. Without liability, the system may serve the interest of federal officials only who benefit from the contracts. It is undeniably right to understand that the bid protests help in holding procurement officials and the government agencies concerned accountable. The process will mostly help in identifying gross mistakes conducted during the contracting process while those found responsible are punished. Nonetheless, highlighting mistakes will only benefit bidders, offerors, and other citizens when the error is corrected, and an opportunity given for another bid contract. This procedure explains further how the accountability process creates room for smooth operation in government contracting.

Generally, a bid protest occurs when government agencies conduct an inappropriate soliciting of requests, cancellation, and award of contracts. By doing so, bid protests will be inevitable. Such bid protests are essential for government contracting as they streamline accountability among procurement officials and government agencies. They also accord protection to entities doing business with the government. It is fundamental to have bid protests as they will give trust in doing business with the government.

Arena, M. V. (2018). Assessing bid protests of U.S. Department of Defense procurements: Identifying issues, trends, and drivers (No. RR-2356-OSD). Santa Monica: RAND Corp.

Lasky, A. &. (2018). oadmap to Bid Protests at the U.S. Court of Federal Claims. Construction Lawyer, 38(1), 1-10.

Manuel, M. K. (2016). GAO Bid Protests: An Overview of Time. Washington: Congressional Research Service.