Subpart 33.1
Protests
FAR Subpart 33.1 establishes the official procedures and requirements for filing and resolving protests in federal contracting, ensuring fairness and transparency for all parties.
Overview
Subpart 33.1 of the FAR outlines the rules, procedures, and requirements for filing and handling protests in federal government contracting. It covers the definitions relevant to protests, general principles, and the specific processes for submitting protests to the contracting agency, the Government Accountability Office (GAO), and the U.S. Court of Federal Claims. This subpart also addresses the required solicitation provisions and contract clauses related to protests. Its purpose is to ensure that contractors and agencies have clear, standardized procedures for resolving disputes over contract awards or solicitations, promoting fairness and transparency in the procurement process.
Key Rules
- Definitions (33.101)
- Provides key terms and definitions used throughout the protest process.
- General (33.102)
- Establishes the general framework and principles for handling protests.
- Protests to the Agency (33.103)
- Details procedures for filing protests directly with the contracting agency, including timelines and required content.
- Protests to GAO (33.104)
- Outlines the process for submitting protests to the Government Accountability Office, including deadlines, procedures, and possible outcomes.
- Protest at the U.S. Court of Federal Claims (33.105)
- Describes the process for pursuing protests through the U.S. Court of Federal Claims.
- Solicitation Provision and Contract Clause (33.106)
- Specifies required language to be included in solicitations and contracts regarding protest rights and procedures.
Responsibilities
- Contracting Officers: Must follow prescribed procedures for handling protests, ensure timely notification, and include required clauses in solicitations and contracts.
- Contractors: Must adhere to protest filing procedures, meet deadlines, and provide necessary documentation.
- Agencies: Responsible for fair and prompt resolution of protests and compliance with reporting and procedural requirements.
Practical Implications
- This subpart exists to provide a structured, fair process for resolving disputes over federal contract awards or solicitations.
- It impacts daily contracting by establishing clear protest channels and timelines, reducing uncertainty and potential delays.
- Common pitfalls include missing filing deadlines, incomplete protest submissions, or failure to follow prescribed procedures, which can result in dismissal of the protest.