What type of offeror may initiate a protest?

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A protest may be initiated by both actual and prospective offerors because these groups have a vested interest in ensuring the integrity of the procurement process. Actual offerors are those that have submitted a proposal in response to a solicitation, while prospective offerors are those who have not submitted a proposal but are interested in participating in the procurement.

The rationale for allowing both categories to initiate a protest lies in fair competition and transparency. Actual offerors may protest decisions that adversely affect their submitted bids, such as an unfair evaluation process or unjust contract award. On the other hand, prospective offerors can protest if they believe the solicitation or award process unfairly excludes them from participation, perhaps due to restrictive practices that limit competition.

In contrast, third parties who are neither actual nor prospective offerors typically lack the standing necessary to file a protest. Their lack of direct involvement in the procurement limits their ability to challenge the actions of the contracting agency. Hence, the inclusion of both actual and prospective offerors fosters an environment where all interested parties can ensure their rights and interests are protected in the contracting process.

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