52.233-2 Service of Protest
Source: FAR 52.233-2 on acquisition.gov
Contractors must promptly serve protests and GAO protest copies on the Contracting Officer at the designated address, with written acknowledgment, to ensure proper and timely handling.
Overview
FAR 52.233-2, Service of Protest, outlines the procedures for serving protests related to government contracts. It requires that any protest filed directly with an agency, as well as copies of protests filed with the Government Accountability Office (GAO), must be served on the Contracting Officer. The provision mandates that the Contracting Officer's designated address or official for receiving protests be specified in the solicitation. Additionally, if a protest is filed with the GAO, a copy must be received by the designated office within one day of filing. This ensures timely notification and proper handling of protests during the acquisition process.
Key Rules
- Service of Agency Protests
- Protests filed directly with the agency must be served on the Contracting Officer at the designated address or official, with written and dated acknowledgment of receipt.
- Service of GAO Protest Copies
- Copies of protests filed with the GAO must also be served on the Contracting Officer and received within one day of filing with the GAO.
- Designation Requirement
- The solicitation must specify the official or location where protests may be served on the Contracting Officer.
Responsibilities
- Contracting Officers: Must designate and publicize the official/location for protest service and acknowledge receipt of protests.
- Contractors: Must serve protests and GAO protest copies on the Contracting Officer as specified, and obtain written acknowledgment.
- Agencies: Ensure compliance with protest service procedures and timely receipt of protest documents.
Practical Implications
- This provision ensures all parties are promptly informed of protests, supporting fair and efficient resolution.
- Contractors must carefully follow service procedures to avoid delays or dismissal of their protests.
- Failure to serve or timely deliver protest copies may jeopardize the protest's consideration.
As prescribed in 33.106 , insert the following provision:
Service of Protest (Sept 2006)
(a) Protests, as defined in section 33.101 of the Federal Acquisition Regulation, that are filed directly with an agency, and copies of any protests that are filed with the Government Accountability Office (GAO), shall be served on the Contracting Officer (addressed as follows) by obtaining written and dated acknowledgment of receipt from ______________________. [Contracting Officer designate the official or location where a protest may be served on the Contracting Officer.]
(b) The copy of any protest shall be received in the office designated above within oneday of filing a protest with the GAO.
(End of provision)