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FAR Part 33 - Protests, Disputes, and Appeals (Agency Protests, GAO, COFC, Contract Disputes Act)

Federal Acquisition Regulation (FAR) Part 33 governs three protest forums and the Contract Disputes Act framework: Subpart 33.1 covers protests including…

What FAR Part 33 - Protests, Disputes, and Appeals (Agency Protests, GAO, COFC, Contract Disputes Act) requires

Federal Acquisition Regulation (FAR) Part 33 governs three protest forums and the Contract Disputes Act framework: Subpart 33.1 covers protests including agency-level protests under 33.103 (filing within 10 days of basis known with continued performance restricted absent written justification above the contracting officer level), GAO protests under 33.104 (10-day post-award or 5-day post-debriefing window triggers automatic stay of performance under 31 USC 3553(d), 100-day GAO decision deadline or 65 days under express option, 1-day requirement for the protester to furnish a complete protest copy to the contracting officer), and Court of Federal Claims protests under 33.105 (procedures per court rules); Subpart 33.2 covers disputes under the Contract Disputes Act (41 USC chapter 71): contracting officer's written decision under 33.211 must include description of the claim, statement of decision with supporting rationale, decisions on claims at or below USD 100,000 due within 60 days of request, larger claims within 60 days of contractor certification or with date by which decision will be issued; mandatory disputes clause 52.233-1 inserted via 33.215 in all solicitations and contracts unless exception applies. The contracting officer must immediately suspend contract performance pending GAO resolution unless written findings under 33.104(c)(2) justify continued performance.

Pillar: Public Sector & Government Procurement · Authority: Federal Acquisition Regulatory Council (DOD, GSA, NASA) issuing the Federal Acquisition Regulation under 41 USC 1303 and 48 CFR Chapter 1; Contract Disputes Act of 1978 recodified at 41 USC chapter 71; Competition in Contracting Act protest provisions at 31 USC 3551-3556 · Version: 1.0.0 · Last updated:

Primary source: https://www.acquisition.gov/far/part-33

SHA-256 integrity: ee3a69f28ef7ae3e9c9dc25c7cda6ccdb8d6df3dd306b51f21223c9460a19f3e

Primary Citations — 6 traced to source

  • FAR Part 33 Section 33.101 (Definitions): '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.'
  • FAR Part 33 Section 33.103(d)(1) (Protests to the agency): 'Protests based on alleged apparent improprieties in a solicitation shall be filed before bid opening or the closing date for receipt of proposals. In all other cases, protests shall be filed no later than 10 days after the basis of protest is known or should have been known, whichever is earlier.'

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