6.6 Bid Protests, Disputes, Appeals & Contract Closeout (RFO Parts 33 & 4)
Key Takeaways
GAO protest timeliness and the CICA suspension window are separate. Protest merits generally use knowledge/solicitation deadlines; a post-award stay depends on the agency receiving GAO notice within the statutory window.
RFO 33.205 and 52.233-1 generally require a contractor claim within six years of accrual, subject to stated exceptions, and certification for claims exceeding $100,000.
For a certified claim over $100,000, the CO must decide or notify the contractor within 60 days of when the decision will be issued; the decision must follow within a reasonable time. The smaller-claim 60-day rule depends on a written request.
The ordinary CDA appeal routes are a board appeal within 90 days of receipt of the CO decision or an action in the Court of Federal Claims within 12 months, with statutory exceptions and forum rules.
RFO 4.308-2 uses closeout time standards stated as should: SAP upon evidence of receipt and final payment, six months for non-SAP FFP, 36 months for indirect-rate settlement, and 20 months for others.
Do not close a file while litigation or an appeal is pending, or while termination actions remain unfinished. Physical completion does not eliminate administrative closeout requirements.
6.6 Bid Protests, Disputes, Appeals & Contract Closeout
The October 2026 exam FAQ uses RFO-updated FAR and DFARS. The current RFO places GAO protests at 33.105, claims at 33.205 and closeout at 4.308. Apply agency deviations and relevant forum rules to actual cases.
1. Protest timeliness and suspension are different
A protest challenges a solicitation or award action; a contract claim seeks relief under or relating to the contract. The usual interested party is an actual or prospective offeror with direct economic interest. Agency, GAO and court proceedings have distinct rules.
Under 4 CFR 21.2, apparent solicitation defects generally must be protested before bid opening or the initial proposal deadline; a later-added defect generally before the next proposal deadline. Other GAO protests generally are due within ten days after the basis is known or should have been known. A competitive-proposal procurement with a requested, required debriefing has its stated exception: covered grounds cannot be filed before the offered debriefing and generally are due within ten days after it is held. Check the complete rule and exceptions rather than treating every protest as due ten days after award.
The CICA suspension window uses different events. Under 31 U.S.C. 3553 and RFO 33.105-3, a post-award suspension generally follows when the agency receives GAO notice within ten days after award or five days after the offered date of a requested, required debriefing, whichever is later. Filing alone and receipt of agency notice are not identical. Defense enhanced-debriefing provisions have their own statutory clock; use the rules applicable to the procurement. A protest can be timely for GAO consideration yet too late for the ordinary automatic suspension window.
Before award, agency receipt of GAO notice normally prevents award while the protest is pending. Under 33.105-2, the HCA's nondelegable override requires urgent and compelling circumstances and the rule's other conditions, including GAO notification. The post-award override under 33.105-3 may rest on Government best interest or urgent and compelling circumstances. The latter alternatives are not a universal pre-award override rule. Court proceedings do not acquire a CICA stay merely by filing a complaint.
2. Claims and certification
Under RFO 2.101 and 52.233-1, a claim is a written demand or assertion seeking as a matter of right a sum certain, contract interpretation/adjustment or other contract-related relief. An ordinary undisputed invoice is not a claim, although it can be converted when disputed or not acted on within a reasonable time under the clause's requirements.
33.205-1 and 52.233-1(d) generally use a six-year accrual period. Read the provisions for agreed shorter periods and the Government fraud qualification instead of stating the six-year rule has no exceptions.
Contractor claims exceeding $100,000 require certification under 33.205-2 and 52.233-1(d). An authorized certifier confirms good faith, accurate and complete supporting data to the best of knowledge and belief, the amount believed due and authority to certify for the contractor. A defective certification and complete failure to certify are different. Neither a disputed invoice nor a large amount alone bypasses the submission requirements.
Source: current RFO, 33.102–33.105, 33.201–33.205 and 52.233-1.
3. CO decisions, appeals and interest
RFO 33.205-6 distinguishes the decision clocks:
| Claim | Decision rule |
|---|---|
| $100,000 or less | Within 60 days after a written contractor request for a decision within that period; otherwise within a reasonable time after receipt |
| Over $100,000, certified | Within 60 days, decide or notify the contractor of when the decision will be issued; a decision must follow within a reasonable time considering size, complexity and supporting data |
A properly notified later decision date does not automatically become a deemed denial on day 61. Failure within the required periods permits appeal/suit as a deemed denial; a contractor can also ask the tribunal to direct a decision when delay is undue. The rule separately addresses defective-certification notice. Consult counsel about jurisdiction and the actual facts.
Under 41 U.S.C. 7104 and the decision notice in 33.205-6, the ordinary choices are a board appeal within 90 days of receipt or a Court of Federal Claims action within 12 months of receipt, in lieu of the board appeal. The statute includes a Tennessee Valley Authority court exception; forum selection and filing requirements matter. These periods begin with receipt, not merely the date printed on the decision.
Under 33.205-3, simple interest on an amount found due and unpaid generally begins when the CO receives the claim, certified if required, or when payment otherwise would be due if later, until payment. The rule has a special defective-certification provision and Treasury rate periods. Do not omit the later-payment-date qualification.
4. Closeout: time standards and required actions
RFO 4.308-2 directs administrative closeout to begin after evidence of physical completion. Table 4-2 states the following should standards, rather than rigid statutory deadlines:
| File category | Time standard |
|---|---|
| Simplified acquisition | Consider closed when the CO receives evidence of receipt of property and final payment, unless agency rules say otherwise |
| Firm-fixed-price, other than SAP | Within six months after the date the CO receives evidence of physical completion |
| Requiring indirect-cost-rate settlement | Within 36 months of the month the CO receives that evidence |
| All other contracts | Within 20 months of that month |
The SAP rule does not say to close immediately upon a final invoice alone. The indirect-rate category is not identical to every cost-reimbursement contract. Calendar months are not interchangeable with fixed day counts.
Do not close a contract file in litigation or under appeal, or a terminated contract with unfinished termination actions. Under 4.308-1, verify the applicable administrative actions, including property/classified-material disposition, required reports, settled costs and subcontracts, indirect rates, termination docket, audit, closing statement, final invoice and contract funds review/deobligation. Prepare the completion statement when the required actions are verified. Agency forms may implement these duties; DoD forms are not universal civilian requirements.
Sources: current RFO, 33.205-3/33.205-6 and 4.308-1/4.308-2.
For an ordinary civilian post-award GAO protest with a requested, required debriefing, which statement correctly describes the CICA suspension window?
The agency must receive GAO notice within ten days after award or five days after the offered debriefing date, whichever is later, subject to applicable statutory rules
Every timely merits protest triggers suspension regardless of agency notice date
A court complaint automatically triggers the same CICA suspension
The suspension window always lasts 60 days after award
Absent an applicable shorter contractual period or other stated exception, what accrual period generally applies to a contractor CDA claim under RFO 33.205-1 and 52.233-1?
One year
Three years
Six years
Ten years
For an ordinary CDA board appeal after receipt of a CO final decision, what is the filing period?
30 days after receipt
60 days after receipt
90 days after receipt
12 months after receipt
What should be the closeout time standard for a non-SAP firm-fixed-price contract file under RFO 4.308-2, when no litigation, appeal or unfinished termination prevents closeout?
Upon receiving a final invoice alone
Within six months after the CO receives evidence of physical completion
Within 20 months regardless of contract type
Within 36 months regardless of whether indirect rates need settlement
Sections you finish are checked off in the contents.
You've completed this section
Continue exploring other exams