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.

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.

Timing Is Everything: Deadlines for Submission

MWAA distinguishes between two types of protests, each with its own deadline:

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.

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

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
• The signature of a person authorized to file on behalf of the protester

Importantly, preemptive protests — those filed speculatively before a basis is confirmed — may be denied outright.

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.

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.

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.

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.

Conclusion

Navigating the MWAA’s bid protest process demands strict compliance with procedural and timing requirements. Contractors must act quickly, follow detailed filing instructions, and ensure their protest is fully supported. Understanding these rules can make the difference between a timely, considered protest and one that is dismissed without review.

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.