interested party must submit a clear, concise, and logical protest to the contracting officer designated in the solicitation. Protests usually must be submitted in a timely manner.

• If based on alleged apparent improprieties in a solicitation the protest shall be filed before bid opening or the closing date for receipt of proposals.
• In all other cases, it shall be filed no later than 10 days after the basis of protest is known or should have been known, whichever is earlier.

The protester may request a review of the protest at a level above the contracting officer under some circumstances.

Reference: FAR 33.103(d) and (e)

While the FAR contemplates a flexible and informal process for resolving protests, there are some specific actions you must take once you receive a protest:

• review it to determine if the protest is timely:
  • improprieties in a solicitation must be filed by the bid opening or RFP closing date;
  • all other protests must be filed no later than 10 days after the basis of the protest is or should have been known, whichever is earlier; or
  • if the protest raises issues significant to the agency’s acquisition system or shows "good cause" you may consider it at any time;
• identify the basis for the protest;
• seek legal advice; and
• make your best efforts to resolve the protest within 35 days after it is filed; you may exchange relevant information with the protester during your evaluation, to the extent permitted by law and regulation.

Reference: FAR 33.102(a), FAR 33.103(e), and FAR 33.103(g)

Since a protest can be an expensive, time consuming process which can delay your procurement you should work with the interested parties/contractors to try to resolve any issues prior to the filing of a formal protest. 

FAR 33.103(b) encourages "open and frank discussions" to identify and resolve concerns that can lead to a protest.

The GAO functions as an independent agency. Although appointed by the President for a 15 year term, the Comptroller General may be removed from office only by the Congress. Consequently, GAO provides disappointed offerors an independent forum for submission of protest, as it is outside the Executive Branch altogether.

Reference: 31 U.S.C. 712

True or False

The Comptroller General may be removed from office only by the Congress

True of False

No law compels compliance with the GAO and every so often an agency chooses not to implement the GAO opinion

True or False

GAO will review protests that an agency improperly suspended or debarred a contractor, as the contracting agency is not the appropriate forum for suspension and debarment disputes

False

Challenges to the suspension or debarment of contractors will not be reviewed by the GAO.  Such matters are for review by the contracting agency in accordance with the applicable provisions of the FAR.

Protective Order

A protective order strictly controls who has access to protected materials.

the protest; the offer submitted by the subcontractor, the abstract of offers or relevant portions.

The protective order strictly controls who has access to protected material and how that material is labeled, distributed, stored, and disposed of at the conclusion of the protest.