General
Contracting officers must consider all protests, ensure legal compliance, and manage protest-related costs and remedies, while contractors must act promptly and honestly to protect their interests.
Overview
FAR 33.102 outlines the general procedures and responsibilities related to handling protests in federal contracting. It requires contracting officers to consider all protests, regardless of where or when they are filed, and to seek legal advice. The section details actions the agency head may take if a solicitation or award is found noncompliant, including taking corrective action, paying costs, or seeking reimbursement from an awardee in cases of misrepresentation. It also addresses the handling of funds during protests, the possibility of staying contract performance if a protest is likely, and encourages resolution within the agency before escalating to the GAO. Additionally, it sets a 14-day reporting requirement for procurement integrity violations before a protest can be filed at GAO.
Key Rules
- Consideration of All Protests
- Contracting officers must consider all protests and seek legal advice, regardless of timing or venue.
- Agency Actions on Noncompliance
- The agency head may take corrective action, pay costs, or seek reimbursement from the awardee for misrepresentation.
- Handling of Protest Costs
- If a protest is sustained due to awardee misrepresentation, the government may offset costs against payments due to the awardee.
- Availability of Funds During Protests
- Funds for protested contracts remain available for 100 days after a final ruling by GAO.
- Staying Performance
- Contracting officers may stay contract performance if a protest is likely and delay is in the government's best interest.
- Encouragement of Agency-Level Resolution
- Protesters are encouraged to seek agency resolution before going to GAO.
- Procurement Integrity Violation Reporting
- Protests at GAO for procurement integrity violations require reporting to the contracting officer within 14 days of discovery.
Responsibilities
- Contracting Officers: Must consider all protests, seek legal advice, determine actions on sustained protests, manage protest costs, and notify contractors of debts.
- Contractors: Must avoid misrepresentation, report procurement integrity violations within 14 days, and may be required to reimburse costs if at fault.
- Agencies: Must ensure proper handling of protests, funds, and potential referrals for suspension or debarment.
Practical Implications
- This section ensures fairness and accountability in the protest process, protecting both government and contractor interests.
- Contractors must be diligent in compliance and timely in reporting violations to preserve protest rights.
- Failure to follow procedures can result in financial liability, contract delays, or loss of protest rights.