Definition
An agency-level protest is a written objection to a procurement action filed directly with the contracting agency. While agencies must have procedures for handling protests, agency-level protests are less formal than GAO or COFC protests and do not trigger automatic stays. Agency protests are decided by the contracting officer or a higher-level official within the agency. They are typically faster and less expensive than GAO protests but may be perceived as less independent. Filing an agency protest does not preclude subsequent GAO or COFC protest if the protester is dissatisfied with the agency decision. Some contractors file agency protests first to give the agency an opportunity to resolve issues quickly before escalating to GAO.
Also Known As
- Agency Protest
- Contracting Officer Protest
Examples
Common Mistakes to Avoid
- ✕Assuming agency protest extends GAO filing deadline (usually does not)
- ✕Not preserving GAO filing deadline while agency protest is pending
- ✕Expecting same procedural protections as GAO process
Who Should Know This Term
Contractors, contracts professionals, business development
Official Source
FAR 33.103