govcon.forum

When does the automatic stay on contract performance apply during a GAO protest?

Ask a question
Asked Active Viewed 0 timesQuestion
1answer

We received an award notice for a federal staffing contract, a competitive 8(a) set-aside under NAICS 561320. The deadline for proposals was 30 days after the solicitation was issued. We were excited, but then a losing bidder filed a protest with the GAO. I'm trying to figure out what happens next with our contract. Our contracting officer mentioned an "automatic stay" on performance. I've been looking through the FAR and the GAO protest regulations, but it is not clear. Does the automatic stay apply to all GAO protests, or only under specific conditions? What triggers it and what are the timeframes for it to happen?

asked Keisha W. Verified vendor8(a) firm founder, staffing and training · Atlanta, GA · 728 rep

1 answer

0

The automatic stay on contract performance applies to a GAO protest under specific conditions related to when the agency receives notice of the protest. The contracting officer must suspend contract performance or terminate the awarded contract if the agency receives notice of a GAO protest 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) and (2)). This means that if the losing bidder filed the protest and the agency was notified within these specific windows, the automatic stay would be in effect for your contract. The only exception is if the head of the contracting activity makes a written finding that continued performance is in the government's best interests or that urgent and compelling circumstances significantly affect the interests of the United States (FAR 33.104(c)(2)). State and local government procurements follow their own specific procurement codes, which may have different rules regarding protests and stays.

answered Dana K. Retired contracting officer, 22 years · Alexandria, VA · 379 rep

Your answer

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