# What Recourse Does a Contractor Have If They Believe an Rfp Was Canceled Improperly? ▴ Question

**Published:** 2025-08-08
**Categories:** Question

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## Concept

The cancellation of a Request for Proposal (RFP) represents a critical juncture in the procurement cycle, a point where a contractor’s significant investment in time, resources, and intellectual capital hangs in the balance. When a contracting entity, particularly a government agency, retracts a solicitation, it is not an event without consequence or oversight. The foundational principle of public procurement is a commitment to fairness and transparency, ensuring that all prospective bidders operate on a level playing field. This system is designed to protect the integrity of the competition and, by extension, the public interest.

An improper cancellation can undermine this entire framework, creating an environment of uncertainty and potentially signaling biased or arbitrary decision-making. For the contractor who has meticulously crafted a proposal, the abrupt termination of the process can feel like a sudden and inexplicable change in the rules of the game.

At its core, a contractor’s right to challenge an [RFP cancellation](https://prime.greeks.live/area/rfp-cancellation/?utm_source=options.greeks.live&utm_medium=referral&utm_campaign=satellite) stems from the legal expectation that the soliciting agency will act in good faith and with a rational basis for its decisions. This is not a matter of mere courtesy; it is a legal standard that has been repeatedly affirmed in procurement law. An agency is afforded discretion, but that discretion is not absolute. It is bounded by the regulations and statutes that govern the procurement process, such as the [Federal Acquisition Regulation](https://prime.greeks.live/area/federal-acquisition-regulation/?utm_source=options.greeks.live&utm_medium=referral&utm_campaign=satellite) (FAR) in the United States.

These regulations exist to prevent the arbitrary exercise of power and to ensure that decisions, including the decision to cancel a solicitation, are justifiable and serve the legitimate needs of the agency and the public. A cancellation that is found to be a pretext, for instance, to steer a contract to a favored vendor or to avoid an award to a deserving but disfavored one, is a clear violation of these principles.

> An agency’s decision to cancel a solicitation is not an unreviewable action; it must be grounded in a reasonable basis, a standard that provides contractors with a pathway to challenge arbitrary or improper decisions.

The concept of an “improper” cancellation, therefore, is a legal determination based on an analysis of the agency’s stated reasons and the factual circumstances surrounding the decision. A variety of factors can render a cancellation improper. These can range from a flawed or ambiguous specification in the original RFP to a change in the agency’s requirements that is so substantial it constitutes a “cardinal change,” effectively creating a new procurement that should be solicited separately. The timing of the cancellation is also a significant factor.

A cancellation that occurs after bids have been opened and prices revealed is subject to a higher level of scrutiny, as the disclosure of pricing information can compromise the competitive landscape for any future solicitation of the same requirement. Understanding these nuances is the first step for any contractor contemplating a challenge. It requires a shift in perspective from that of a disappointed bidder to that of a vigilant participant in a regulated process, one who has both the right and the responsibility to uphold the principles of fair and open competition.

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## Strategy

Upon receiving notice of an RFP cancellation, a contractor’s immediate response should be guided by a deliberate and strategic framework. The initial phase is one of information gathering and assessment. The objective is to move beyond the simple fact of the cancellation to understand the underlying rationale. A formal request for a debriefing, where applicable, is a critical first step.

While not always required for a cancellation, seeking one demonstrates a contractor’s seriousness and can often yield valuable insights into the agency’s decision-making process. The information gleaned from a debriefing, or from the cancellation notice itself, forms the basis for evaluating the “reasonableness” of the agency’s action. A vague or conclusory justification for the cancellation may be a red flag, suggesting that a more thorough investigation is warranted.

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## Evaluating the Avenues of Recourse

A contractor has several potential avenues to challenge an [improper RFP cancellation](https://prime.greeks.live/area/improper-rfp-cancellation/?utm_source=options.greeks.live&utm_medium=referral&utm_campaign=satellite), each with its own procedural requirements, timelines, and strategic implications. The choice of forum is a critical decision that will shape the entire dispute process. The primary options include an agency-level protest, a protest with the [Government Accountability Office](https://prime.greeks.live/question/what-role-does-the-government-accountability-office-play-in-rfp-cancellation-disputes/?utm_source=options.greeks.live&utm_medium=referral&utm_campaign=satellite) (GAO), or a lawsuit in the U.S. Court of Federal Claims (COFC).

- **[Agency-Level Protest](https://prime.greeks.live/area/agency-level-protest/?utm_source=options.greeks.live&utm_medium=referral&utm_campaign=satellite)** ▴ This is often the fastest and least expensive option. It involves filing a protest directly with the contracting officer who made the decision. This can be an effective route for clear errors or misunderstandings that the agency can correct internally. However, it also means asking the agency to reverse its own decision, which can be a significant hurdle.

- **[Government Accountability](https://prime.greeks.live/question/what-role-does-the-government-accountability-office-play-in-rfp-cancellation-disputes/?utm_source=options.greeks.live&utm_medium=referral&utm_campaign=satellite) Office (GAO) Protest** ▴ The GAO is an independent, non-partisan agency that provides a forum for resolving bid protests. The GAO process is more formal than an agency-level protest and has strict deadlines. A key advantage of a [GAO protest](https://prime.greeks.live/area/gao-protest/?utm_source=options.greeks.live&utm_medium=referral&utm_campaign=satellite) is the automatic stay of the procurement (or the award of a new contract) in most cases, which prevents the agency from moving forward while the protest is pending. The GAO will review the agency’s decision to determine if it was reasonable.

- **U.S. [Court of Federal Claims](https://prime.greeks.live/area/court-of-federal-claims/?utm_source=options.greeks.live&utm_medium=referral&utm_campaign=satellite) (COFC) Lawsuit** ▴ This is the most formal and often most expensive option. The COFC has the authority to review agency procurement decisions and can provide a broader range of remedies than the GAO, including injunctive relief. A lawsuit at the COFC is a full-fledged legal proceeding with discovery, motions, and potentially a trial. Recent decisions from the COFC have provided important guidance on the limits of an agency’s discretion to cancel solicitations.

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## Strategic Considerations and Documentation

The decision to protest is a significant one with potential long-term consequences for a contractor’s relationship with the procuring agency. A cost-benefit analysis is essential. This involves weighing the potential costs of the protest (legal fees, management time) against the potential benefits (reinstatement of the RFP, recovery of bid preparation costs). The strength of the case is a primary factor.

A protest based on a clear error or evidence of [bad faith](https://prime.greeks.live/area/bad-faith/?utm_source=options.greeks.live&utm_medium=referral&utm_campaign=satellite) has a much higher likelihood of success than one based on a more subjective disagreement with the agency’s judgment. Furthermore, meticulous documentation is the bedrock of any successful protest. From the moment an RFP is released, a contractor should maintain a comprehensive record of all communications with the agency, all internal deliberations related to the proposal, and all costs incurred in its preparation. This documentation will be invaluable in constructing a compelling argument and substantiating any claims for damages.

The following table provides a comparative overview of the primary protest forums:

| Forum | Key Characteristics | Potential Advantages | Potential Disadvantages |
| --- | --- | --- | --- |
| Agency-Level Protest | Filed directly with the contracting officer. Informal and typically faster than other options. | Low cost, potential for quick resolution, maintains a direct line of communication with the agency. | Lower likelihood of success as it requires the agency to reverse its own decision. No automatic stay of procurement. |
| Government Accountability Office (GAO) | Independent review by a non-partisan agency. Formal process with strict deadlines. | Automatic stay of procurement in most cases. Decisions are based on a well-established body of case law. | Can be more expensive and time-consuming than an agency-level protest. Remedies are limited. |
| U.S. Court of Federal Claims (COFC) | Full legal proceeding in a federal court. Broad discovery and potential for injunctive relief. | Broader range of remedies available. Potential for a more in-depth review of the agency’s decision. | Most expensive and time-consuming option. Higher legal standard to meet. |

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## Execution

The execution of a challenge to an improper RFP cancellation is a methodical process that demands precision and a deep understanding of procurement regulations. Once the strategic decision to proceed has been made, the focus shifts to the tactical implementation of the chosen recourse. This phase is defined by strict adherence to deadlines, the careful crafting of legal arguments, and the systematic presentation of evidence.

The objective is to build a case that is not only persuasive but also procedurally sound, leaving no room for dismissal on technical grounds. The execution of a protest is a testament to a contractor’s commitment to fair competition and its resolve to hold procuring agencies accountable to the established rules of the procurement system.

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## The Anatomy of a Bid Protest

A [bid protest](https://prime.greeks.live/area/bid-protest/?utm_source=options.greeks.live&utm_medium=referral&utm_campaign=satellite), whether filed at the agency level, the GAO, or the COFC, is a formal legal document that must clearly and concisely articulate the grounds for the challenge. The structure of the protest is critical. It should begin with a clear identification of the protester, the solicitation in question, and the agency involved. The core of the protest is the statement of grounds, which must be supported by a detailed narrative of the facts and a legal argument that connects those facts to the relevant procurement laws and regulations.

Vague allegations or expressions of dissatisfaction are insufficient. The protest must pinpoint the specific errors or improprieties in the agency’s decision-making process. For example, if the basis for the protest is that the cancellation was a pretext, the protest must present evidence that supports this claim, such as communications or actions by the agency that suggest an ulterior motive.

> A successful protest is built on a foundation of clear legal arguments, detailed factual evidence, and strict adherence to procedural deadlines.

The following list outlines the essential components of a well-constructed bid protest:

- **Identification of Parties** ▴ Clearly state the name, address, and contact information of the protesting contractor and its legal counsel, if any.

- **Solicitation Details** ▴ Provide the solicitation number, the name of the issuing agency, and a brief description of the procurement.

- **Timeliness Statement** ▴ Demonstrate that the protest is being filed within the strict time limits established by the chosen forum. This is a critical jurisdictional requirement.

- **Statement of Grounds** ▴ This is the heart of the protest. It should provide a clear and concise statement of the legal and factual grounds for the challenge. Each ground should be presented as a separate argument.

- **Supporting Evidence** ▴ Attach all relevant documents that support the protest, such as the RFP, the cancellation notice, correspondence with the agency, and any other evidence of the impropriety.

- **Request for Relief** ▴ Clearly state the remedy that the contractor is seeking. This could include the reinstatement of the solicitation, the recovery of proposal preparation and protest costs, or other appropriate relief.

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## Grounds for Protesting an RFP Cancellation

The success of a protest hinges on the ability to demonstrate that the agency’s decision to cancel the RFP was unreasonable or made in bad faith. While agencies have broad discretion, there are several well-established grounds for challenging a cancellation. The following table details some of the most common grounds and the type of evidence that might be used to support them.

| Grounds for Protest | Description | Illustrative Evidence |
| --- | --- | --- |
| Lack of a Reasonable Basis | The agency’s stated reason for the cancellation is not supported by the facts or is otherwise arbitrary and capricious. | Agency documents that contradict the stated reason, evidence that the agency’s needs have not actually changed. |
| Bad Faith or Pretext | The cancellation was motivated by a desire to avoid awarding the contract to a particular offeror or to steer it to another. | Emails or other communications suggesting bias, a pattern of actions that favors a specific competitor. |
| Improper Disclosure of Prices | The cancellation occurred after bid opening, and the agency does not have a “cogent and compelling” reason for the cancellation. | Documentation showing the date and time of bid opening and the subsequent cancellation without adequate justification. |
| Flawed Solicitation | The agency cancels the RFP to correct a flaw, but the flaw was not significant enough to warrant cancellation. | Analysis showing that the alleged flaw could have been corrected through a simple amendment to the RFP. |

Ultimately, the execution of a protest is a complex undertaking that often requires the assistance of experienced legal counsel. However, a thorough understanding of the process and the potential grounds for a challenge empowers a contractor to make informed decisions and to effectively advocate for its rights. It transforms the contractor from a passive recipient of an agency’s decision into an active participant in ensuring the integrity of the procurement process.

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## References

- Levine, Alex. “Cancelled Solicitation ▴ What Can A Government Contractor Do?” PilieroMazza PLLC, 18 June 2015.

- “Agencies Do Not Have Unlimited Discretion to Cancel Solicitations, Says the COFC.” SmallGovCon, 8 Dec. 2022.

- “Bid Protest decisions listed by Federal Acquisition Regulation.” WIFCON.com, various dates.

- “14.404-1 Cancellation of invitations after opening.” Acquisition.GOV.

- “If you cancel a contract with a contractor after they’ve already done some work, can they sue you for damages?” Quora, 19 Oct. 2022.

- “Federal Acquisition Regulation (FAR).” General Services Administration.

- “GAO Bid Protest Regulations.” U.S. Government Accountability Office.

- “Rules of the U.S. Court of Federal Claims.” U.S. Court of Federal Claims.

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## Reflection

The framework of recourse available to a contractor is a system of checks and balances, a mechanism designed to enforce accountability within the public procurement process. Engaging with this system requires a contractor to look beyond the immediate disappointment of a canceled opportunity and to consider the broader principles at stake. It is an assertion that the rules of fair play are not merely aspirational but are, in fact, enforceable standards. The decision to challenge an improper cancellation is a strategic one, but it is also a statement of a contractor’s commitment to a marketplace where competition is robust and transparent.

This process, while demanding, can fortify a contractor’s understanding of the procurement landscape and refine its approach to future opportunities. It is a reminder that in the complex world of government contracting, vigilance and a willingness to defend one’s rights are essential components of a sustainable business strategy.

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## Glossary

<a href="https://prime.greeks.live/area/federal-acquisition-regulation/?utm_source=options.greeks.live&utm_medium=referral&utm_campaign=satellite" class="glossary-item-box">
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## Federal Acquisition Regulation

Meaning ▴ The Federal Acquisition Regulation, or FAR, constitutes the principal set of rules governing the acquisition process for all executive agencies of the United States federal government. </a><a href="https://prime.greeks.live/area/rfp-cancellation/?utm_source=options.greeks.live&utm_medium=referral&utm_campaign=satellite" class="glossary-item-box">
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## Rfp Cancellation

Meaning ▴ RFP Cancellation defines the explicit termination of an active Request for Quote (RFP) process initiated by a Principal, occurring prior to the final acceptance of any submitted quotes or the execution of a trade. </a><a href="https://prime.greeks.live/question/what-role-does-the-government-accountability-office-play-in-rfp-cancellation-disputes/?utm_source=options.greeks.live&utm_medium=referral&utm_campaign=satellite" class="glossary-item-box">
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## Government Accountability Office

The GAO serves as a systemic regulator, adjudicating whether an agency's RFP cancellation was reasonable and lawful. </a><a href="https://prime.greeks.live/area/improper-rfp-cancellation/?utm_source=options.greeks.live&utm_medium=referral&utm_campaign=satellite" class="glossary-item-box">
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## Improper Rfp Cancellation

Meaning ▴ Improper RFP Cancellation refers to the premature termination of a Request for Quote (RFQ) process by a quoting party or principal in a manner that violates established trading protocols or agreed-upon market conventions, particularly within institutional digital asset derivatives. </a><a href="https://prime.greeks.live/area/agency-level-protest/?utm_source=options.greeks.live&utm_medium=referral&utm_campaign=satellite" class="glossary-item-box">
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## Agency-Level Protest

Meaning ▴ An Agency-Level Protest constitutes a formal, structured declaration of dispute initiated by an institutional principal against a specific action, inaction, or reported outcome provided by an intermediary agency within the digital asset derivatives ecosystem. </a><a href="https://prime.greeks.live/question/what-role-does-the-government-accountability-office-play-in-rfp-cancellation-disputes/?utm_source=options.greeks.live&utm_medium=referral&utm_campaign=satellite" class="glossary-item-box">
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## Government Accountability

The GAO serves as a systemic regulator, adjudicating whether an agency's RFP cancellation was reasonable and lawful. </a><a href="https://prime.greeks.live/area/gao-protest/?utm_source=options.greeks.live&utm_medium=referral&utm_campaign=satellite" class="glossary-item-box">
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## Gao Protest

Meaning ▴ The GAO Protest, within the context of a robust institutional operating system for digital asset derivatives, refers to a formally structured mechanism for challenging a specific operational or contractual decision made by a counterparty or platform administrator. </a><a href="https://prime.greeks.live/area/court-of-federal-claims/?utm_source=options.greeks.live&utm_medium=referral&utm_campaign=satellite" class="glossary-item-box">
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## Court of Federal Claims

Meaning ▴ The Court of Federal Claims operates as a specialized Article I federal court in the United States, holding exclusive jurisdiction over most monetary claims against the U.S. </a><a href="https://prime.greeks.live/area/bad-faith/?utm_source=options.greeks.live&utm_medium=referral&utm_campaign=satellite" class="glossary-item-box">
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## Bad Faith

Meaning ▴ Bad Faith denotes a deliberate action or omission that deviates from established transactional protocols or implied fair dealing, specifically engineered to exploit system vulnerabilities or informational asymmetries for undue advantage within a digital asset trading environment. </a><a href="https://prime.greeks.live/area/bid-protest/?utm_source=options.greeks.live&utm_medium=referral&utm_campaign=satellite" class="glossary-item-box">
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## Bid Protest

Meaning ▴ A Bid Protest represents a formal, auditable mechanism within an institutional digital asset derivatives trading framework, enabling a principal to systematically challenge the integrity or outcome of a competitive pricing event. </a>

**Tags:** [Improper RFP Cancellation](https://options.greeks.live/area/improper-rfp-cancellation/), [Contractor Recourse](https://options.greeks.live/area/contractor-recourse/), [Acquisition Regulation](https://options.greeks.live/area/acquisition-regulation/), [Procurement Law](https://options.greeks.live/area/procurement-law/), [Bid Protest](https://options.greeks.live/area/bid-protest/), [Court of Federal Claims](https://options.greeks.live/area/court-of-federal-claims/)	

## Discover More

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### [What Are the Legal Implications of Failing to Maintain a Proper Audit Trail for a Public Sector Rfp?](https://options.greeks.live/question/what-are-the-legal-implications-of-failing-to-maintain-a-proper-audit-trail-for-a-public-sector-rfp/)
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Failing to maintain a proper RFP audit trail constitutes a systemic collapse, exposing the entity to legal invalidation and terminal loss of public trust.

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### [What Are the Primary Legal Grounds for a Bidder to Protest an Rfp Cancellation?](https://options.greeks.live/question/what-are-the-primary-legal-grounds-for-a-bidder-to-protest-an-rfp-cancellation/)
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A bidder may protest an RFP cancellation if the agency's decision lacks a reasonable basis, was made in bad faith, or violates procurement laws.

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### [Under What Conditions Can a Bidder Successfully Protest the Cancellation of an Rfp and Claim Damages?](https://options.greeks.live/question/under-what-conditions-can-a-bidder-successfully-protest-the-cancellation-of-an-rfp-and-claim-damages/)
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A bidder can protest an RFP cancellation by proving the agency's rationale was a pretext for an arbitrary, capricious, or bad-faith decision.

- 
### [What Are the Primary Legal Risks When an Agency Cancels an Rfp?](https://options.greeks.live/question/what-are-the-primary-legal-risks-when-an-agency-cancels-an-rfp/)
![A multi-layered, circular device with a central concentric lens. It symbolizes an RFQ engine for precision price discovery and high-fidelity execution. This robust system enables institutional digital asset derivatives trading, reflecting advanced market microstructure, volatility surface analysis, Principal's operational framework, and efficient options trading.](https://options.greeks.live/wp-content/uploads/2025/07/institutional-digital-asset-derivatives-rfq-protocol-engine-for-precision-execution.jpg)

Canceling an RFP exposes an agency to legal challenges based on the reasonableness of its justification and the potential prejudice to bidders.

- 
### [What Are the Grounds for a Bidder to Protest an Rfp Award?](https://options.greeks.live/question/what-are-the-grounds-for-a-bidder-to-protest-an-rfp-award/)
![A sleek spherical device with a central teal-glowing display, embodying an Institutional Digital Asset RFQ intelligence layer. Its robust design signifies a Prime RFQ for high-fidelity execution, enabling precise price discovery and optimal liquidity aggregation across complex market microstructure.](https://options.greeks.live/wp-content/uploads/2025/08/institutional-digital-asset-rfq-microstructure-price-discovery-prime-os.jpg)

A bidder may protest an RFP award by demonstrating a material deviation from the procurement's stated rules and evaluation criteria.

- 
### [What Are the Potential Remedies If the GAO Sustains a Protest against an RFP Cancellation?](https://options.greeks.live/question/what-are-the-potential-remedies-if-the-gao-sustains-a-protest-against-an-rfp-cancellation/)
![A sleek, multi-layered device, possibly a control knob, with cream, navy, and metallic accents, against a dark background. This represents a Prime RFQ interface for Institutional Digital Asset Derivatives. Its refined design signifies High-Fidelity Execution, Private Quotation capabilities, and Algorithmic Trading precision within Market Microstructure for Best Execution via RFQ protocols, minimizing Slippage.](https://options.greeks.live/wp-content/uploads/2025/07/precision-control-interface-for-institutional-digital-asset-derivatives-rfq-protocols-and-prime-os.jpg)

When the GAO sustains a protest against an RFP cancellation, it recommends remedies to the agency to correct the procurement error and restore fair competition.

- 
### [What Are the Primary Legal Arguments for Contesting an Rfp Cancellation?](https://options.greeks.live/question/what-are-the-primary-legal-arguments-for-contesting-an-rfp-cancellation/)
![A complex sphere, split blue implied volatility surface and white, balances on a beam. A transparent sphere acts as fulcrum. This illustrates institutional digital asset derivative RFQ execution, enabling optimal price discovery, leveraging Prime RFQ for high-fidelity execution across fragmented market microstructure and dark liquidity pools.](https://options.greeks.live/wp-content/uploads/2025/07/institutional-digital-asset-derivatives-rfq-execution-balancing-liquidity.jpg)

Contesting an RFP cancellation hinges on demonstrating that the agency's decision was unreasonable, pretextual, or procedurally flawed.

- 
### [How Can a Contractor Demonstrate Prejudice in a Protest of an Rfp Cancellation?](https://options.greeks.live/question/how-can-a-contractor-demonstrate-prejudice-in-a-protest-of-an-rfp-cancellation/)
![A sleek, light interface, a Principal's Prime RFQ, overlays a dark, intricate market microstructure. This represents institutional-grade digital asset derivatives trading, showcasing high-fidelity execution via RFQ protocols. It signifies optimized liquidity aggregation, algorithmic trading, and capital efficiency for block trades and multi-leg spreads.](https://options.greeks.live/wp-content/uploads/2025/07/institutional-digital-asset-derivatives-rfq-prime-os-execution-system.jpg)

To prove prejudice in an RFP cancellation protest, a contractor must show the agency's reason was a pretext and it had a substantial chance of winning.

- 
### [How Does Price Disclosure Affect the Standard of Review for an Rfp Cancellation Protest?](https://options.greeks.live/question/how-does-price-disclosure-affect-the-standard-of-review-for-an-rfp-cancellation-protest/)
![Polished metallic pipes intersect via robust fasteners, set against a dark background. This symbolizes intricate Market Microstructure, RFQ Protocols, and Multi-Leg Spread execution. It highlights High-Fidelity Execution, Atomic Settlement, and Capital Efficiency within a Principal's Operational Framework for Digital Asset Derivatives.](https://options.greeks.live/wp-content/uploads/2025/07/precision-engineered-metallic-nodes-illustrating-rfq-protocols-for-multi-leg-digital-asset-derivatives-institutional-execution.jpg)

Price disclosure in an RFP cancellation protest heightens the standard of review, requiring a more robust and credible agency justification.

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---

**Original URL:** https://options.greeks.live/question/what-recourse-does-a-contractor-have-if-they-believe-an-rfp-was-canceled-improperly/
