Agency Level Protests
What are Agency Protests?
Agency Protests are important to all government contractors seeking legal action. This order says that all executive agencies must establish alternative disputes resolution (ADR) procedures for bid protests. The order directs agency heads to create a system that, “to the maximum extent possible,” will allow for the “inexpensive, informal, procedurally simple, and expeditious resolution of protests.” Exec. Order No. 12,979, 60 Fed. Reg. 55,171 (1995). FAR 33.103 implements this Order.
How do Agency Protests work?
Before a protest proposal, all parties should use their greatest efforts to resolve issues and concerns raised by an interested party at the contracting officer level. Their greatest efforts include leading open and honest discussions among the parties.
The goal of an effective agency protest system is to:
a. resolve agency protests effectively;
b. help build confidence in the federal acquisition system; and
c. reduce protests to the GAO and other judicial protest fora.
Agency Protests were created to resolve agency protests effectually, initiate assurance in the federal acquisition system, and decrease protests to the GAO and other judicial protests. Agency protests are filed with the contracting officer.
Contracting officers need to reflect upon all of the protests and pursue legal advice in regards to all protests filed with the agency.
Procedurally, protests must be clear and concise. At Malyszek & Malyszek, we have mastered the Agency Protests process.