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Agency-level protest or GAO: which makes sense when the award was clearly scored wrong?

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  • You should file an agency-level protest first.
  • 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, whichever is earlier (FAR 33.103(e)).
  • If a timely agency-level protest was filed first, any la
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We received an evaluation notice on our proposal for an IT services task order, a federal small business set-aside. The agency dinged us with a deficiency for not including a staffing plan, but a staffing plan is on page nine of our technical volume. The deadline to protest is tight, and I am trying to figure out the best path forward. Do we go to the contracting officer, file an agency-level protest, or go straight to GAO? What is the impact on the protest clock if we try to talk to the contracting officer first? Does an agency-level protest extend the clock for a GAO protest?

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asked Priya S. Verified vendorCapture manager, IT services · Herndon, VA · 266 rep

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You should file an agency-level protest first. 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, whichever is earlier (FAR 33.103(e)). If a timely agency-level protest was filed first, any later protest to GAO must be filed within 10 days of actual or constructive knowledge of initial adverse agency action (4 CFR 21.2(a)(3)). This extends your time to protest to GAO after the agency makes its decision on your agency-level protest. Agencies shall make their best efforts to resolve agency-level protests within 35 days after the protest is filed (FAR 33.103(g)). Talking to the contracting officer informally does not stop the clock for either an agency-level or a GAO protest. If you do not protest within the deadlines, your protest will be dismissed as untimely.

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answered Tom B. Construction estimator, public works · Phoenix, AZ · 252 rep
Thanks, Tom. It sounds like filing an agency-level protest first is the best way to preserve my options and get an initial review of the scoring error. · Priya S. ·
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You should file an agency-level protest as quickly as possible. The agency-level protest will not extend the clock for a GAO protest automatically, but if your agency-level protest is timely filed, any subsequent protest to GAO must be filed within 10 days of when you know about the agency's decision on your protest (4 CFR 21.2(a)(3)). This gives you more time to prepare your GAO protest if the agency denies your initial protest. Tom is right that informal talks do not stop the clock. Make sure your agency-level protest clearly states how the agency made a mistake, citing the exact page in your proposal where the staffing plan is located.

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answered Marcus T. Verified vendorOwner, janitorial and facilities firm · Columbus, OH · 419 rep

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

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