Stay of Performance

A stay of performance is a suspension of contract award or performance pending resolution of a bid protest. Under the Competition in Contracting Act (CICA), a timely GAO protest filed within 10 days of contract award or debriefing triggers an automatic stay preventing the agency from proceeding with contract performance. The stay remains in effect until GAO issues its decision or the agency head makes a written determination that urgent and compelling circumstances significantly affecting government interests require performance to continue. COFC protests do not trigger automatic stays, but the court may issue preliminary injunctions achieving similar effect. Stays protect protesters from mootness while their challenge is resolved and preserve the government's ability to take corrective action.