Who may protest, and where
At GAO, an interested party means an actual or prospective bidder or offeror whose direct economic interest would be affected by the award of a contract or by the failure to award a contract 1. Contracting officers shall consider all protests and seek legal advice, whether the protest is filed with the agency, the Government Accountability Office or the U.S. Court of Federal Claims 2.
Before an agency protest is submitted, all parties shall use their best efforts to resolve concerns raised by an interested party at the contracting officer level through open and frank discussions 3.
The clocks
At GAO, protests based upon alleged improprieties in a solicitation which are apparent before bid opening or the time set for receipt of initial proposals shall be filed before that time 4. Other protests shall be filed not later than 10 days after the basis of protest is known or should have been known 5.
Where a debriefing is requested and required, the initial protest shall not be filed before the debriefing date offered, but shall be filed not later than 10 days after the date on which the debriefing is held 6. An offeror whose written request is received within 3 days after it received notification of contract award shall be debriefed 7.
When the agency receives notice of a protest from GAO within 10 days after contract award or within 5 days after a debriefing date offered to the protester, FAR 33.104 says the contracting officer shall immediately suspend performance or terminate the awarded contract 8 9, with exceptions. One exception: the head of the contracting activity may, on a nondelegable basis, authorize contract performance notwithstanding the protest, upon a written finding 10.
Pursuing an agency protest does not extend the time for obtaining a stay at GAO 11. Agencies shall make their best efforts to resolve agency protests within 35 days after the protest is filed 12, and GAO shall issue a decision on a protest within 100 days after it is filed 13.
Deciding as a business
An agency protest must include a detailed statement of the legal and factual grounds for the protest, including a description of resulting prejudice to the protester 14.
Worked example. Company E, a challenger, loses a services competition and receives a debriefing two days after requesting it. The debriefing shows the agency rated E's relevant past performance as not relevant because it was performed as a subcontractor, although the solicitation said subcontract work would be considered. Counsel judges the error clear and prejudicial because E's price was lower. E's chief executive weighs the fees and the relationship, decides to protest, and files within the debriefing window.
Track debriefing and protest deadlines →
Indented paragraphs are invented worked examples. Tool links open Bids2Bank and need a free account.