33.101
Definitions
In bid protests, success can depend as much on meeting FAR 33.101’s rules for timing, standing, and venue as on the merits of the protest itself.
Overview
- FAR 33.101 provides the core definitions used in Subpart 33.1 (Protests) and establishes how time is calculated for protest-related actions.
- Its purpose is to remove ambiguity about deadlines, filing timing, who may protest, what qualifies as a protest, and where protests may be filed.
Key Rules
- Day
- A "day" means a calendar day unless the regulation says otherwise. When counting time, do not count the triggering day; count the last day unless it falls on a weekend, Federal holiday, or a day the administrative forum is closed due to weather or similar conditions.
- Filed
- A document is considered filed only when the agency completely receives it before close of business. If received after close of business, it is treated as filed the next day. Unless stated otherwise, close of business is presumed to be 4:30 p.m. local time.
- Interested party / Protest / Protest venue
- Only an actual or prospective offeror with a direct economic interest may file a protest. A protest must be a written objection concerning a solicitation, cancellation, award or proposed award, or certain terminations/cancellations tied to award improprieties. Valid protest venues are the agency, GAO, or the U.S. Court of Federal Claims; U.S. District Courts lack bid protest jurisdiction.
Responsibilities
- Contracting Officers: apply these definitions consistently when evaluating timeliness and protest standing.
- Contractors: ensure protests are written, timely, and filed in the proper forum by an interested party.
- Agencies: recognize filing cutoffs and proper protest venues.
Practical Implications
- This section matters because protest rights often turn on timing, standing, and venue.
- Common pitfalls include miscounting days, filing after 4:30 p.m. local time, assuming any disappointed firm can protest, or filing in a court without jurisdiction.