Overview
FAR 33.101 defines the fundamental terminology and procedural parameters governing the bid protest process. It establishes the criteria for who can protest, what actions can be challenged, where those challenges can be filed, and how critical deadlines are calculated.
Key Rules
- Time Computation: "Day" means a calendar day. When calculating deadlines, the day of the triggering event is excluded, but the last day of the period is included unless it falls on a weekend, Federal holiday, or a day the filing forum is closed.
- Filing Deadlines: A document is considered "filed" only upon complete receipt by the agency before close of business (presumed to be 4:30 p.m. local time). Anything received after this time is recorded as filed the following day.
- Standing (Interested Party): Only an actual or prospective offeror whose direct economic interest is affected by the award (or failure to award) has the legal standing to file a protest.
- Scope of Protest: A protest must be a written objection regarding a solicitation, a cancellation of a solicitation, an award, or a termination of an award (if improprieties in the original award are alleged).
- Jurisdiction: Protests may only be filed with the contracting agency, the Government Accountability Office (GAO), or the U.S. Court of Federal Claims. U.S. District Courts lack jurisdiction over bid protests.
Practical Implications
- Contractors must treat the 4:30 p.m. local time cutoff as a "hard" deadline; submitting a protest at 4:31 p.m. can result in the filing being deemed untimely and dismissed.
- Firms must ensure they qualify as "interested parties" by actively participating in the competition, as third parties without a direct economic stake generally cannot challenge procurement decisions.