18.125
Protest to GAO
In urgent and compelling situations, agencies can override the automatic stay triggered by a GAO protest, allowing the contracting process to continue if proper procedures are followed.
Overview
FAR 18.125 addresses the procedures agencies must follow when a protest is filed with the Government Accountability Office (GAO) but urgent and compelling circumstances require the contracting process to continue. Normally, a GAO protest triggers an automatic stay of contract award or performance, but this section allows the head of the contracting activity to override that stay if they determine that urgent and compelling circumstances exist. This authority is subject to the procedures outlined in FAR 33.104(b) and (c), which detail the requirements for documenting and justifying such a determination.
Key Rules
- GAO Protest Stay Override
- The head of the contracting activity may authorize the continuation of the contracting process despite a GAO protest if urgent and compelling circumstances are present.
- Reference to FAR 33.104(b) and (c)
- The procedures and documentation requirements for this override are governed by FAR 33.104(b) and (c).
Responsibilities
- Contracting Officers: Must halt contract award or performance upon GAO protest unless an override is approved; must follow documentation and notification procedures if override is exercised.
- Contractors: Should be aware that contract award or performance may proceed despite a protest if an override is issued.
- Agencies: The head of the contracting activity must make and document the determination of urgent and compelling circumstances and comply with FAR 33.104(b) and (c).
Practical Implications
- This section exists to balance the need for protest review with the government's need to act quickly in urgent situations.
- It impacts daily contracting by providing a path to continue acquisitions critical to agency missions, even during a protest.
- Common pitfalls include inadequate documentation or failure to follow the required procedures, which can lead to legal challenges or protest sustainment.