My firm, an SDVOSB, recently received a postaward debrief for a federal contract we bid on. The NAICS code was 561210, facilities support services. We lost the contract and are thinking about filing a protest with the Government Accountability Office. The debriefing was held this morning. I know there are strict deadlines for filing a protest after a debriefing, especially to get the automatic stay. What is the specific timeline for filing a GAO protest after the debriefing is held?
After a required debriefing, a GAO protest must be filed no later than 10 days after the date on which the debriefing is held to be considered timely (4 CFR 21.2(a)(2)). To trigger the automatic stay, the agency must receive notice of the 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 (FAR 33.104(c)(1)). The contracting officer must then suspend performance or terminate the awarded contract unless a best-interests or urgency finding is made (FAR 33.104(c)(2)).
For federal contracts, these timelines are governed by the Federal Acquisition Regulation (FAR) and GAO's bid protest regulations. If you are considering a protest, be sure to understand these strict deadlines. State and local government procurements follow their own specific procurement codes and portal vendor guides, which will have different rules.