Let's Get Surety #147 Federal Bid Protests and the Unexpected Twists of AI
Oct 28, 2025
David Timm, an Associate at Burr & Forman LLP specializing in government contracts, dives into the complex world of federal bid protests. He shares insights on the critical differences between agency reviews, GAO processes, and the Court of Federal Claims. David discusses the unexpected challenges posed by AI, including hallucinated legal citations that can jeopardize a protest's credibility. He emphasizes the importance of consulting a specialized attorney and provides practical tips for safely integrating AI in bid submissions.
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Tojack Case Experience
- David Timm worked the Tojack case at the Court of Federal Claims about wet-ink signature rules.
- He and colleagues wrote about the decision in Surety Bond Quarterly and consider it significant for the profession.
Where GAO Fits In The Forum Hierarchy
- GAO sits between agency reviews and the Court of Federal Claims, offering quicker, independent bid protest review within ~100 days.
- GAO provides automatic stay of award and lower cost and discovery than the Court of Federal Claims.
GAO Outcomes Are Transparent
- GAO handles the majority of federal protests and publishes transparent results.
- Historically about half of GAO protests result in corrective action or sustainment.