33.101 Definitions
Source: FAR 33.101 on acquisition.gov
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.
As used in this subpart-
Day means a calendar day, unless otherwise specified. In the computation of any period-
(1) The day of the act, event, or default from which the designated period of time begins to run is not included; and
(2) The last day after the act, event, or default is included unless-
(i) The last day is a Saturday, Sunday, or Federal holiday; or
(ii) In the case of a filing of a paper at any appropriate administrative forum, the last day is a day on which weather or other conditions cause the closing of the forum for all or part of the day, in which event the next day on which the appropriate administrative forum is open is included.
Filed means the complete receipt of any document by an agency before its close of business. Documents received after close of business are considered filed as of the next day. Unless otherwise stated, the agency close of business is presumed to be 4:30 p.m., local time.
Interested party for the purpose of filing a protest means an actual or prospective offeror whose direct economic interest would be affected by the award of a contract or by the failure to award a contract.
Protest means a written objection by an interested party to any of the following:
(1) A solicitation or other request by an agency for offers for a contract for the procurement of property or services.
(2) The cancellation of the solicitation or other request.
(3) An award or proposed award of the contract.
(4) A termination or cancellation of an award of the contract, if the written objection contains an allegation that the termination or cancellation is based in whole or in part on improprieties concerning the award of the contract.
Protest venue means protests filed with the agency, the Government Accountability Office, or the U.S. Court of Federal Claims. U.S. District Courts do not have any bid protest jurisdiction.