New York State Comptroller Bid Protests: Agency Appeals and Direct Protests

Reviewed September 7, 2026.

The Office of the State Comptroller (OSC) reviews protests concerning awards subject to its approval. Identify the procuring entity's procedure and the applicable deadlines immediately after an adverse decision.

The current OSC protest guidance distinguishes two routes:

• Agency determination appeal: generally file with OSC's Bureau of Contracts within ten business days after receiving the agency's protest determination. Deliver the required copies to the agency, successful bidder or original protester as applicable, and other participating parties.
• Direct protest: available in the circumstances specified by the rules, including lack of notice of an agency protest procedure or facts that could not reasonably have been known earlier. The stated deadline is ten business days after award notice or five business days after a requested debriefing, whichever is later. Where no award notice is provided, the guidance permits filing after award and before the Comptroller's final action.

These procedures do not govern every public contract. Preserve agency deadlines, debriefing requests and any separate judicial-review deadline; do not assume a protest automatically extends another remedy's time limit.

Kushnick Pallaci PLLC assists clients throughout New York with public construction procurement and bid protests. Contact 631-752-7100 or vtp@kushnicklaw.com.

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