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Protests

A protest is a written objection to the awarding of a contract by an interested party
A protest can be to the agency or to GAO
Protests can occur in the following situations:

Procedural issues
Scope issues
Open market items

Note: FAR Subpart 33.1 is applicable to orders placed against GSA Schedules

FAR 33.101 defines “protest” as a written objection by an interested party to any of the following:

A solicitation or other request by an agency for offers for a contract for the procurement of property or services
The cancellation of the solicitation or other request
An award or proposed award of the contract
A termination or cancellation of an award of the contract, if the written objection contains an allegation that the termination or cancellation is based in whole or in part on improprieties concerning the award of the contract

Contrary to popular belief, contractors may protest GSA Schedule orders. The limitation for non-Schedule multiple-award IDIQs found in FAR 16.505(a)(9) does not apply to MAS contracts.

Procedural issues may include use of FAR Part 15-type procedures, versus FAR Subpart 8.4. Scope issues can arise if some of the work involved in providing a solution for a federal customer is outside the scope of the Schedule contract. Good market research should prevent this type of error. If the protest is on an “open market” item included in a Schedule order, it may be that the item is not part of the Schedule contract and it was not specifically identified as “open market.”

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