July 08, 2017 Procurement Lawyer

Successful Protester Paid upon Receipt of Costs — If Only It Were So Easy

by Candace Shields & Ian Patterson

Candace Shields and Ian Patterson are associates at Koprince Law
LLC, Lawrence, Kansas, where they practice exclusively in federal
government contract law.

“How do you get a group of lawyers to smile for a photo? Just say, ‘Fees!’”1

While the thought of being paid may bring a smile to most lawyers’ faces, some clients cringe upon the sight of their lawyer’s bill — even when the government should be picking up the tab. For large and small contractors pursuing bid protests before the Government Accountability Office (GAO), recovering costs can be as challenging as getting a protest sustained.

Recovering protest costs often requires considerable additional time on behalf of the protester and counsel. Moreover, costs are only reimbursable if they are adequately documented, which can lead to more problems for contractors not used to billing time in tenths of an hour and meticulously documenting the purpose of the time billed. To help contractors and attorneys make the most of cost awards, this article will present an overview on recovering costs before GAO and provide a number of practice tips to help the cost recovery process go as smoothly as possible.

Premium Content For:
  • Public Contract Law Section
Join - Now