33.101
Definitions
FAR 33.101 defines key terms and deadlines for filing protests, ensuring contractors and agencies follow consistent procedures and understand who can protest, when, and where.
Overview
FAR 33.101 provides essential definitions for terms used throughout Subpart 33.1, which governs the protest process in federal contracting. It clarifies how to calculate deadlines, what constitutes a "filed" document, who qualifies as an "interested party," and what actions are considered a "protest." The section also defines where protests may be filed, emphasizing the proper venues and the lack of jurisdiction for U.S. District Courts in bid protests.
Key Rules
- Day Definition and Time Computation
- "Day" means calendar day unless otherwise specified. The first day is excluded, and the last day is included unless it falls on a weekend, federal holiday, or the administrative forum is closed.
- Filed
- A document is considered filed when fully received by the agency before close of business (presumed to be 4:30 p.m. local time). Documents received after this time are filed the next day.
- Interested Party
- Only actual or prospective offerors whose direct economic interest is affected may file a protest.
- Protest Definition
- Protests are written objections to solicitations, cancellations, awards, or terminations based on alleged improprieties.
- Protest Venue
- Protests may be filed with the agency, GAO, or U.S. Court of Federal Claims. U.S. District Courts do not have jurisdiction.
Responsibilities
- Contracting Officers: Must understand and apply these definitions when handling protests and related deadlines.
- Contractors: Must use these definitions to determine eligibility, deadlines, and proper venues for filing protests.
- Agencies: Must ensure proper receipt and processing of protest documents and adhere to defined timelines.
Practical Implications
- This section ensures clarity and consistency in protest procedures, reducing disputes over deadlines and eligibility.
- Contractors must be vigilant about filing deadlines and proper venues to avoid dismissal of protests.
- Misunderstanding these definitions can result in lost protest rights or procedural errors.