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When does the automatic stay apply to a contract award after a GAO protest is filed?

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Our firm recently lost a federal bid for court reporting services under NAICS 561492. It was a SDVOSB set-aside on a Request for Quotation (RFQ) issued through a BPA with the VA. We were debriefed and now we are considering a GAO protest. I know there's an automatic stay on contract performance sometimes, but I am not clear on the timing. Does the agency have to receive the GAO protest within 10 days after the contract award, or within 5 days after our debriefing? Which date triggers the stay?

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asked Luis A. Verified vendorSDVOSB founder, court reporting and legal support · San Antonio, TX · 661 rep

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The automatic stay applies when the agency receives GAO notice of a protest within 10 days after contract award or within 5 days after a debriefing date offered for a required debriefing, whichever is later. The FAR at 33.104(c)(1) and (2) covers this rule for federal contracts. The contracting officer must suspend performance or terminate the awarded contract once the stay is triggered. This happens unless the head of the contracting activity makes a written finding that continuing performance is in the best interests of the United States or that urgent and compelling circumstances significantly affect the interests of the United States. State and local procurements follow their own rules, which vary by state and local government. Those rules are found in the state's procurement code or the local government's purchasing policies.

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answered Tom B. Construction estimator, public works · Phoenix, AZ · 558 rep

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

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