15.507 Protests against award
Source: FAR 15.507 on acquisition.gov
FAR 15.507 ensures transparency by requiring contracting officers to provide key debriefing and nonproprietary information to offerors if a protest leads to a new solicitation or revised proposals within one year of award.
Overview
FAR 15.507 outlines the procedures for handling protests against contract awards in negotiated acquisitions. It directs contracting officers to follow the protest procedures in FAR Part 33 and encourages the use of agency protest procedures that include alternative dispute resolution (ADR) as per Executive Order 12979. If a protest leads the agency to issue a new solicitation or request revised proposals within one year of the original award, the contracting officer must provide specific information to prospective or eligible offerors. This includes information shared during debriefings about the successful offeror’s proposal and other nonproprietary information that would have been provided to original offerors.
Key Rules
- Protest Handling
- Protests must be managed according to FAR Part 33, with ADR encouraged for both preaward and postaward protests.
- Information Disclosure After Protest
- If a protest results in a new solicitation or request for revised proposals within one year, the contracting officer must share debriefing and nonproprietary information with relevant offerors.
Responsibilities
- Contracting Officers: Must follow FAR Part 33 for protests, encourage ADR, and provide required information to offerors if a new solicitation or revised proposals are issued due to a protest.
- Contractors: Should be aware of their rights to information if a protest leads to a new solicitation or revised proposals.
- Agencies: Should support ADR and ensure transparency in the protest process.
Practical Implications
- This section ensures transparency and fairness in the protest process for negotiated acquisitions.
- Contractors benefit from access to information that can improve their future proposals.
- Failure to provide required information can lead to further disputes or challenges.
(a) Protests against award in negotiated acquisitions shall be handled in accordance with part 33. Use of agency protest procedures that incorporate the alternative dispute resolution provisions of Executive Order 12979 is encouraged for both preaward and postaward protests.
(b) If a protest causes the agency, within 1 year of contract award, to-
(1) Issue a new solicitation on the protested contract award, the contracting officer shall provide the information in paragraph (c) of this section to all prospective offerors for the new solicitation; or
(2) Issue a new request for revised proposals on the protested contract award, the contracting officer shall provide the information in paragraph (c) of this section to offerors that were in the competitive range and are requested to submit revised proposals.
(c) The following information will be provided to appropriate parties:
(1) Information provided to unsuccessful offerors in any debriefings conducted on the original award regarding the successful offeror’s proposal; and
(2) Other nonproprietary information that would have been provided to the original offerors.