33.103
Protests to the agency
FAR 33.103 requires contractors to attempt resolution with the contracting officer before filing a formal agency protest and mandates strict, detailed procedures and timelines for protest submission and resolution.
Overview
FAR 33.103 outlines the procedures for filing and resolving protests directly with the agency regarding procurement actions. Its purpose is to provide an efficient, inexpensive, and fair process for interested parties to challenge agency procurement decisions before escalating to external forums like the GAO.
Key Rules
- Pre-Protest Discussions
- Parties must attempt to resolve concerns with the contracting officer through open discussions before filing a formal protest.
- Protest Submission Requirements
- Protests must be concise, logically presented, and include specific information such as contact details, solicitation/contract number, legal/factual grounds, relevant documents, requested relief, and proof of timeliness and interested party status.
- Filing and Review Procedures
- Protests are filed with the contracting officer or designated official. Agencies may offer independent review above the contracting officer, and solicitations must inform offerors if this is available.
- Timeliness
- Protests about solicitation improprieties must be filed before bid opening/closing; all others within 10 days of when the protester knew or should have known the basis. Late protests may be considered for good cause or significant issues.
- Agency Actions Upon Protest
- Contract award or performance is generally suspended upon timely protest unless urgent, compelling reasons are documented and approved above the contracting officer. Offerors may be asked to extend offer acceptance periods.
- Resolution and Decision
- Agencies should resolve protests within 35 days and provide a well-reasoned, documented decision to the protester.
Responsibilities
- Contracting Officers: Facilitate pre-protest discussions, receive and process protests, notify offerors, suspend awards/performance as required, and issue reasoned decisions.
- Contractors: Attempt resolution with the contracting officer first, submit complete and timely protests, and provide all required documentation.
- Agencies: Ensure procedures are in place for protest resolution, designate officials for independent review, and resolve protests expeditiously.
Practical Implications
- This section exists to encourage resolution of procurement disputes at the agency level, reducing the need for external protests and litigation. It impacts daily contracting by requiring clear communication, timely action, and thorough documentation. Common pitfalls include missing deadlines, incomplete protest submissions, and failure to attempt resolution with the contracting officer first.