TIMETABLE FOR RESPONDING TO NOTICE OF NON-AWARD

Request for debriefing - must be received by CO within three days of notice of award. FAR 15.506.  If the third day is a Saturday, Sunday or a federal holiday, the request must be received on the immediately following Government business day.  FAR 33.101.

Protests at GAO - Post-award protests must be filed within ten calendar days of learning of the basis for protest, or, if a stay of contract performance is sought, within five calendar days of a mandatory debriefing. If no stay of performance is sought, the protest must be filed within ten calendar days of the debriefing, assuming the grounds for the protest were first learned at the debriefing and not earlier.  A mandatory debriefing is one which is held as soon as is practicable after an offeror's request made pursuant to FAR 15.506 (see above).

Protests to the Agency - Post-award protests may be filed with the agency.   An agency protest must be filed within ten calendar days of contract award or no more than five days after the date first offered by the agency for a mandatory debriefing, whichever is later.  FAR 33.103(f)(3).

Protests at the Court of Federal Claims - The Court of Federal Claims has not imposed a specific time limit on filing a bid protest action. The general legal doctrine of "laches", however, would indicate that a contractor must act promptly in filing its protest at the Court. 

Protests filed in District Court - Pursuant to the Administrative Dispute Resolution Act of 1996, federal district court jurisdiction will terminate on January 1, 2001 unless extended by Congress. Although the sunset of district court jurisdiction is currently being studied by the General Accounting Office, as of February 1, 2000 it is still unclear whether District court jurisdiction will be extended. Offerors considering a bid protest action in a district court should check with an attorney with experience in Government contract cases to determine the time period for filing such an action.

Alternative Dispute Resolution - FAR Part 33.214 provides guidance for the use of alternative dispute resolution techniques in resolving disputes. ADR techniques may also be used as an alternative to filing a formal bid protest. There are no time limits for proposing or completing an ADR process, however, the decision to attempt to resolve an issue through ADR does not stay the time period for filing a bid protest.