Government Contractors Beware: The Trap of the Unintended Agency-Level Protest and Timeliness Implications
One forum to protest the award of a contract is at the agency responsible for the procurement, under the procedures outlined in FAR 33.103. There are also informal means to protest a procurement at the agency. Federal contractors may fall into the trap of an unintended agency-level protest when they exchange emails with agency personnel.
According to FAR 33.103(d), an email can be treated as a protest if it expresses dissatisfaction with the agency’s action or inaction, and requests relief. The email does not even need to say that it is a protest.
If the agency considers the email to be a protest, the 10-calendar-day clock will start. This will leave you less time if you decide to submit a formal GAO protest. Bottom line: Be careful with emails to the agency regarding award decisions if you wish to preserve the option of a formal protest to GAO.