When participating in a government procurement process, understanding the rules governing bid protests is crucial. For contractors engaging with the Metropolitan Washington Airports Authority (MWAA), strict procedural guidelines must be followed to challenge a solicitation, evaluation, or contract award. Here’s what you need to know about filing a bid protest with MWAA.
Link to Filing a Protest: Strict Methods of Delivery Filing a Protest: Strict Methods of Delivery
All bid protests must be formally addressed to the vice president of the Office of Supply Chain Management (OSCM). Importantly, MWAA generally does not accept electronic submissions. Protests must be delivered using one of the following methods:
- Registered or certified mail with return receipt requested
- Nationally recognized delivery service (with tracking showing date sent and received)
- Hand delivery to the MWAA Procurement and Contracts Department
Any protest sent via email or other electronic means may be rejected.
Link to Timing Is Everything: Deadlines for Submission Timing Is Everything: Deadlines for Submission
MWAA distinguishes between two types of protests, each with its own deadline:
Link to 1. Protests Based on Solicitation Terms 1. Protests Based on Solicitation Terms
If the protest is based on the contents or omissions in a solicitation or an amendment:
- The protest must be received within 14 days of either the solicitation issuance date or the date of the relevant amendment, whichever is earlier.
- Alternatively, if the offer submission deadline falls earlier, the protest must be filed before that deadline.
Link to 2. Protests Based on Evaluation or Award 2. Protests Based on Evaluation or Award
If the protest challenges how offers were evaluated or awarded:
- Only offerors who actually submitted a proposal may file.
- The protest must be received within seven days after the offeror knew — or should have known — the basis for the protest.
Offerors are deemed to have knowledge of a potential basis for protest on the earliest of the following:
- Public bid opening
- Receipt of a notice of unsuccessful offer
- Recommendation of the contract for board approval
- Public posting of the contract award
Link to Protest Requirements: Content Matters Protest Requirements: Content Matters
To be considered, a protest must include:
- Protester’s name,address, phone number, and email
- The solicitation number
- A demonstration of the protester’s legitimate interest in the procurement
- A detailed basis for the protest, with specific allegations and references to errors or legal violations
- Evidence that the protest is timely
Importantly, preemptive protests — those filed speculatively before a basis is confirmed — may be denied outright.
Link to Protest Bonds Protest Bonds
In certain solicitations, MWAA may require a protest bond to deter frivolous protests. If a bond is required, this will be clearly stated in the solicitation, along with bond amount and format. Failing to submit the required bond will generally result in automatic rejection of the protest, regardless of its merits.
Link to Decision Timeline and Review Process Decision Timeline and Review Process
MWAA strives to handle protests efficiently:
- The vice president, OSCM will attempt to respond within seven business days of receipt.
- If additional time is needed, the protester will be notified within the same seven-day window.
- Only substantiated allegations will be reviewed. Vague or unsupported protests will be denied.
Link to Appealing a Protest Decision Appealing a Protest Decision
If unsatisfied with the vice president’s decision, the protester may appeal:
- To the CEO – within seven days of the OSCM decision letter
- To the board – if the contract required board approval, an additional appeal may be made within seven days of the CEO’s decision
For contracts not requiring board approval, the CEO’s decision is final.
Link to Contract Awards During a Protest Contract Awards During a Protest
If a protest is filed before contract award, MWAA will not proceed with award or issue a notice to proceed while the protest is pending — unless the CEO determines that moving forward is in the MWAA’s best interest.
Link to Conclusion Conclusion
If you need assistance with a MWAA bid protest or have any questions about the foregoing, please feel free to contact Aron Beezley, Nathaniel Greeson, or Charlie Blanchard.