Overview
This section prescribes the specific standard provisions and clauses that contracting officers must include in solicitations and contracts to address the procedures and consequences of bid protests.
Key Rules
- Service of Protest (FAR 52.233-2): Must be included in all solicitations expected to exceed the simplified acquisition threshold (SAT).
- Protest After Award (FAR 52.233-3): Mandatory for all solicitations and contracts, regardless of dollar value.
- Cost-Reimbursement Requirement: If the contract is cost-reimbursement, the contracting officer must use FAR 52.233-3 with its Alternate I.
Practical Implications
- These requirements ensure that offerors know exactly where and to whom a protest must be served, while protecting the government’s right to stop work if a protest is filed after award.
- The use of Alternate I for cost-reimbursement contracts is critical for contractors as it provides a mechanism for the reimbursement of allowable costs incurred during a protest-related work stoppage.