Agency-Level Protests

Jurisdiction

Agency-level protests can address any issue related to the procurement, including solicitation terms, evaluation criteria, award decisions, and discussions procedures. However, the scope of review and procedures vary significantly by agency. Some agencies have established protest review boards or ombudsmen, while others rely on the contracting officer or head of contracting activity. The agency-level protest does not preclude later filing at GAO or COFC.

Filing Deadline

Varies by agency. Generally, pre-award protests must be filed before the closing date for proposals. Post-award protests typically must be filed within 10-14 days of award notification, though some agencies require filing within 5 days of learning the basis for protest. Check the specific agency's protest procedures in the solicitation or agency FAR supplement. Filing at the agency level does NOT toll GAO filing deadlines.

Decision Timeline

14-35 calendar days. FAR 33.103 encourages agencies to resolve protests within 35 days of filing. Many agencies resolve straightforward protests within 2-3 weeks. Complex protests may take longer, but agencies generally try to resolve them quickly to avoid delaying the procurement.

Authority

FAR 33.103 (Protests to the Agency); Executive Order 12979; agency-specific protest procedures

Key Procedures

1. Submit a written protest to the contracting officer identified in the solicitation
2. Identify the procurement, the protester's interest as an actual or prospective offeror, specific grounds for protest, and relief requested
3. Agency should suspend award or performance pending resolution (unless head of contracting activity authorizes override)
4. Contracting officer or protest official reviews the record and may gather additional information
5. Agency may hold informal conferences or discussions with the protester
6. Contracting officer or designated official issues a written decision
7. If the protest is denied, the protester may file at GAO or COFC within applicable deadlines
8. Agency may voluntarily take corrective action at any point during the process