33.104
Protests to GAO
FAR 33.104 establishes strict procedures and timelines for GAO bid protests, requiring prompt action and thorough documentation from both contractors and agencies to ensure fair resolution and compliance.
Overview
FAR 33.104 outlines the procedures and requirements for filing and handling protests to the Government Accountability Office (GAO) regarding federal contract solicitations and awards. It details the responsibilities of protesters, agencies, and contracting officers, including timelines for submissions, document disclosures, protective orders, and the suspension of contract awards or performance during protests. The section also covers the process for awarding protest costs and the reporting obligations if GAO recommendations are not implemented.
Key Rules
- Protest Filing and Notification
- Protesters must provide a copy of the protest to the designated official or contracting officer within 1 day of filing with GAO. Agencies must notify affected parties upon receipt of a protest.
- Agency Report and Document Disclosure
- Agencies must compile and submit a report to GAO within 30 days (or 20 days for express option), including relevant documents and a statement from the contracting officer. Protest files must be made available to interested parties, subject to redactions and protective orders.
- Award Suspension and Performance
- Contract awards are generally suspended during a protest unless urgent circumstances justify proceeding. Similar rules apply to suspending contract performance after award.
- Protective Orders
- GAO may issue protective orders to safeguard sensitive information, with procedures for requesting, challenging, and enforcing such orders.
- Award of Costs
- GAO may recommend reimbursement of protest costs, with specific caps and procedures for claims and payments.
Responsibilities
- Contracting Officers: Must ensure timely notification, compile and submit reports, manage document disclosures, and suspend or terminate awards/performance as required.
- Contractors/Protesters: Must file and distribute protests properly, respond to agency reports, and comply with protective orders and deadlines.
- Agencies: Must report non-implementation of GAO recommendations and manage cost awards.
Practical Implications
- This section ensures transparency and fairness in the protest process, protecting the rights of offerors and maintaining integrity in federal procurement. Strict deadlines and documentation requirements are critical; missing them can result in dismissal or forfeiture of rights. Protective orders and cost recovery provisions add complexity, requiring careful coordination and legal oversight.