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When does the automatic stay apply during a GAO bid protest?

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My firm is weighing a GAO protest on a federal SDVOSB set-aside for court reporting services, NAICS 561492. We got the award notice and then submitted a debriefing request. The contracting officer offered a debriefing date, and now we are considering our next steps. I know a protest can trigger an automatic stay of contract performance, but I am trying to understand the exact timing. I want to know when the automatic stay applies during a GAO bid protest. Does the protest have to be filed before the debriefing, or can it be filed after?

asked Luis A. Verified vendorSDVOSB founder, court reporting and legal support · San Antonio, TX · 753 rep

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The automatic stay applies when the agency receives notice of a protest from the Government Accountability Office (GAO) within 10 days after contract award or within 5 days after a debriefing date offered for a required debriefing, whichever is later. The protest does not have to be filed before the debriefing. The contracting officer must then suspend performance or terminate the awarded contract, unless the head of the contracting activity makes a written best-interests or urgency finding. This rule is found in FAR 33.104(c)(1) and (2).

For federal service contracts like the one you're looking at, these timelines are critical for triggering the stay. If you're dealing with state or local government, the rules for protests and stays will be different. State and local buys follow their own state procurement codes and the vendor guide for their specific procurement portal, so you would need to check those for exact timing and procedures.

answered Marcus T. Verified vendorOwner, janitorial and facilities firm · Columbus, OH · 1282 rep

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