Just as with my Quick Hitter series on the FAR, my Quick Hitter series on the GSAR is meant to simplify contracting business with the government. This time with GSA.
GSAR 533.103-1 Filing A Protest
You may want to appeal a CO’s award decision at GSA if you have concrete evidence they interpreted the FAR, GSAR and/or the solicitation incorrectly. Here’s how you can file a protest to GSA.
The vendor can decide if the awarding CO decides the protest or somebody at least one pay grade above the awarding CO does. If not clarified, the CO is the de facto judge and jury. You must cross-reference FAR 33.103 for an appropriate timetable of functions.
Protests will be acknowledged on the same day received unless received after 4:30 pm.
A proper protest will include the criteria set forth in FAR 33.103(d)(2), clearly state the intent of an agency protest, submit directly to the CO and state choice of ruling official,
GSA will not conduct nor assume your fact finding for you, the CO reserves the right to ask for more information (give them that information as law permits), usual response is ten (10) days, a copy of the response is given to both sides, the vendor may have a lawyer present and agency protests are dismissed if also filed with GAO or a court of law.
I will advise you not to waste the time of GSA, GIO or the legal system. Your reputation could suffer if you do not have concrete evidence for a protest but file one anyway. Remember that the arena of contracting is very small and Word gets around very quickly.
The FSS program at the VA refers to these as Congressionals because constituents right there representative if their project is not filed immediately. I had one or two of those over 10 years. Here’s a cool story, though. Melissa Starinsky, former Chancellor of the VA Acquisition Academy, contracted for approximately 20 years and did not have a protest filed against her in that time!
If you think I can help you then email nicholas.s.robertson@outlook.com for your introductory email and free consultation.
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