FAR 18.125—Protest to GAO.
Plain-English Summary
FAR 18.125 is a short cross-reference provision that addresses what happens when a protest is filed at the Government Accountability Office (GAO) in an urgent and compelling situation. It explains that, even after GAO has received a protest, the agency may continue the contracting process if the head of the contracting activity (HCA) uses the agency’s protest override procedures and determines that continued performance or award is necessary. The section points readers to FAR 33.104(b) and (c), which contain the detailed rules for overriding the GAO stay, including the required findings and approvals. In practical terms, this provision matters because it identifies the exception to the normal GAO protest stay and signals that urgent mission needs can justify moving forward despite a pending protest. For contractors, it means a protest does not always stop the procurement; for agencies, it means the override authority must be used carefully, documented properly, and only when the regulatory standard is met.
Key Rules
GAO protest does not always stop work
When GAO receives a protest, the agency is not automatically barred from continuing the procurement if an override is properly authorized. This section recognizes that urgent and compelling circumstances can justify proceeding despite the protest.
Urgent and compelling standard
The override is available only when urgent and compelling circumstances exist. The agency must be able to justify that delaying the contracting process would seriously harm the Government’s interests, not merely that proceeding would be convenient.
HCA makes the determination
The head of the contracting activity is the official identified here as the decision-maker for the override. The contracting process may continue only after the HCA determines that continuation is warranted under the agency’s protest override procedures.
Must follow FAR 33.104
This section does not stand alone; it directs users to FAR 33.104(b) and (c) for the substantive and procedural requirements. Those provisions govern the stay, override authority, and the documentation and notice requirements associated with the decision.
Agency procedures control the process
The override must be made under the agency’s protest override procedures, meaning the agency’s internal approval and documentation process must be followed. Failure to comply with those procedures can undermine the legality and defensibility of the override.
Responsibilities
Head of the Contracting Activity (HCA)
Determine whether urgent and compelling circumstances justify continuing the contracting process after GAO receives a protest, and authorize the override in accordance with agency procedures and FAR 33.104(b) and (c).
Contracting Officer
Recognize when a GAO protest has been filed, coordinate with agency leadership and legal counsel, and implement the HCA’s override decision if one is approved.
Agency
Maintain protest override procedures, ensure the required findings and approvals are obtained, and document the basis for continuing the procurement despite the protest.
Protester/Contractor
Understand that filing a GAO protest may not always trigger a full stop to the procurement if the agency lawfully overrides the stay; monitor whether an override has been issued and assess any further protest rights.
Practical Implications
A GAO protest does not guarantee a pause in award or performance; agencies can lawfully proceed if they issue a valid override.
The key risk for agencies is an unsupported or poorly documented override, which can create legal vulnerability and protest risk.
Contracting officers should immediately check whether the stay applies and whether an override has been approved before taking action.
Contractors should not assume that a protest will preserve the status quo; they should watch for override notices and be prepared to challenge an improper override if warranted.
Because this section is only a cross-reference, the real operational requirements are in FAR 33.104(b) and (c), so users must review those provisions to understand the full process.
Official Regulatory Text
When urgent and compelling circumstances exist, agency protest override procedures allow the head of the contracting activity to determine that the contracting process may continue after GAO has received a protest. (See 33.104 (b) and (c).)