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Does filing a GAO protest stop the awardee from starting work, and for how long?

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We received our debrief a few days ago for a federal IT services bid, 541511, that was a small business set-aside. Our lawyer mentioned a potential GAO protest and something called an "automatic stay." We are trying to understand what that means for the awardee. Does a GAO protest actually stop the awardee from starting work right away? Our lawyer said there's a deadline for filing based on our debrief date if we want the stay.

Also, how long does that stay last? What happens if the agency decides it needs to keep the work going, like if there's a critical need? And what happens to the incumbent's contract during a stay? Does filing a protest negatively impact how an agency views a company for future bids?

asked Jo R. Freelance proposal writer · Denver, CO · 528 rep

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Yes, filing a bid protest at the Government Accountability Office (GAO) can stop an awardee from starting work if the protest is filed within specific timelines, triggering an automatic stay.

The automatic stay applies when the agency receives notice of a protest from GAO within 10 days after contract award or within 5 days after a debriefing date offered for a required debriefing, whichever is later. The contracting officer must then suspend performance or terminate the awarded contract unless the head of the contracting activity makes a written finding that continuing performance is in the government's best interest or there is an urgent need, as described in FAR 33.104(c)(1) and (2). The stay lasts until the GAO issues its decision, which is within 100 days after the protest is filed, or within 65 days under the express option (4 CFR 21.9(a) and (b)).

If the agency determines there is an urgent or critical need, they can override the automatic stay with a written finding. During a stay, the incumbent's contract might be extended to ensure continuity of services, depending on the agency's needs and the specifics of the contract. As for future bids, agencies are generally prohibited from retaliating against a company for filing a protest, and a protest decision is part of public record, but it does not automatically impact how a company is viewed for future bids.

answered Marcus T. Verified vendorOwner, janitorial and facilities firm · Columbus, OH · 709 rep

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Sign up to answerCite the FAR clause or procurement code where you can.