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When is the optimal time to file an agency-level protest versus a GAO protest?

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We received an award notice for a federal RFQ for administrative services (NAICS 561110) that was a total small business set-aside. We lost the bid and are thinking about protesting it. I sent an email to the contracting officer asking for a debrief the day after we got the award notice. I know there are strict deadlines for filing protests. I am wondering if it is better to file an agency-level protest first, or if we should go straight to a GAO protest. What are the pros and cons of starting with an agency-level protest compared to filing directly with GAO?

asked Luis A. Verified vendorSDVOSB founder, court reporting and legal support · San Antonio, TX · 539 rep

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You should consider an agency-level protest first because it is generally faster and cheaper than a GAO protest, and it can preserve your right to protest to GAO later. An agency-level protest based on an apparent solicitation impropriety must be filed before bid opening or the closing date for proposals. In all other cases, it must be filed no later than 10 days after the basis of protest is known or should have been known, according to FAR 33.103(e). Agencies aim to resolve these protests within 35 days. If you file an agency-level protest first, any later protest to GAO must be filed within 10 days of actual or constructive knowledge of initial adverse agency action. Going straight to GAO is an option, but it costs $500 to file, and GAO has up to 100 days to issue a decision. For state or local buys, the rules are different, so you would check the state procurement code or the specific portal's vendor guide.

answered Marcus T. Verified vendorOwner, janitorial and facilities firm · Columbus, OH · 916 rep

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