Overview
This section addresses the agency's authority to bypass the standard stay of procurement activities typically required during a Government Accountability Office (GAO) protest.
Key Rules
- Protest Override: The Head of the Contracting Activity (HCA) is authorized to override a GAO protest stay if "urgent and compelling circumstances" exist.
- Continued Activity: Upon a formal determination, the agency may proceed with the contract award or continue contract performance despite the pending protest.
- Regulatory Reference: This section operates in conjunction with the detailed protest procedures found in FAR 33.104(b) (protests before award) and 33.104(c) (protests after award).
Practical Implications
- In emergency or disaster response scenarios, this provision ensures that critical government needs are met without the delays usually associated with legal challenges.
- Contractors should be aware that while a protest usually stops work, an agency's determination of urgency can force the procurement forward before a GAO decision is reached.