FAR 33.101—Definitions.
Plain-English Summary
FAR 33.101 provides the core definitions used in the bid protest subpart, so it tells readers how to count time, when a document is considered filed, who qualifies as an interested party, what counts as a protest, and where protests may be filed. These definitions matter because they control protest timeliness, standing, and forum selection—issues that often determine whether a protest will be heard at all. The section also establishes the default meaning of “day” as a calendar day and explains how to compute deadlines, including how to treat weekends, Federal holidays, and forum closures caused by weather or other conditions. It defines “filed” for agency receipt purposes, including the presumption that agency close of business is 4:30 p.m. local time unless otherwise stated. It further limits protest standing to actual or prospective offerors with a direct economic interest, and it defines the types of agency actions that may be protested, including solicitations, cancellations, awards, proposed awards, and certain terminations or cancellations tied to award improprieties. Finally, it identifies proper protest venues—agency-level protests, GAO, and the U.S. Court of Federal Claims—and makes clear that U.S. district courts do not have bid protest jurisdiction.
Key Rules
Calendar-day counting
“Day” means a calendar day unless another rule says otherwise. When computing a deadline, do not count the day of the act, event, or default that starts the period, and include the last day unless it falls on a Saturday, Sunday, or Federal holiday, or the forum is closed due to weather or similar conditions.
Filing is complete receipt
A document is filed when the agency completely receives it before close of business. If it arrives after close of business, it is treated as filed on the next day, and the default agency close of business is 4:30 p.m. local time unless another time is specified.
Interested party standing
Only an actual or prospective offeror with a direct economic interest affected by the award or failure to award a contract may file a protest. This definition limits protest rights to parties that can show a real competitive stake in the procurement outcome.
What counts as a protest
A protest is a written objection to a solicitation or other request for offers, a cancellation of that request, an award or proposed award, or a termination/cancellation of an award when the objection alleges improprieties in the original award. The objection must be written and tied to one of these listed procurement actions.
Proper protest venues
Protests may be filed with the agency, the Government Accountability Office, or the U.S. Court of Federal Claims. U.S. district courts do not have bid protest jurisdiction, so they are not a proper venue for these disputes.
Responsibilities
Contracting Officer / Agency
Apply the correct deadline-computation rules, determine whether a submission was filed before close of business, and recognize whether a protest falls within the types of actions covered by the definition. The agency must also understand that protests may be filed at the agency level, GAO, or the Court of Federal Claims, but not in district court.
Contractor / Offeror
Track protest deadlines using calendar-day counting rules, file before the agency’s close of business, and ensure the protest is brought by an actual or prospective offeror with a direct economic interest. The contractor must also frame the objection as a written protest against a covered solicitation, cancellation, award, proposed award, or qualifying termination/cancellation.
Prospective Offeror
Assess whether it has standing as an interested party before filing and determine whether the challenged agency action is one of the protestable events listed in the definition. It must also choose a proper protest forum and comply with filing-time rules.
Agency Forum / Administrative Office
Accept filings based on complete receipt before close of business and apply the rule that after-hours submissions are filed the next day. If the forum is closed because of weather or other conditions, it must treat the next open day as the filing day for deadline-computation purposes.
GAO / Court of Federal Claims
Apply the protest definitions and timeliness rules when determining jurisdiction and whether a filing is a protest by an interested party. These forums must also recognize that district courts are excluded from bid protest jurisdiction.
Practical Implications
Deadlines in bid protests are often won or lost by a single day, so parties must count calendar days carefully and watch weekends, holidays, and forum closures.
A filing sent late in the day can miss the deadline if it is not completely received before the agency’s close of business; after-hours delivery is treated as filed the next day.
Standing is not automatic: a disappointed subcontractor, bystander, or other non-offeror usually cannot protest under this definition unless it qualifies as an actual or prospective offeror with a direct economic interest.
Not every complaint is a protest under FAR 33.101; the objection must fit one of the listed procurement actions and be in writing.
Choosing the wrong forum can be fatal, especially because U.S. district courts have no bid protest jurisdiction.
Official Regulatory Text
As used in this subpart- Day means a calendar day, unless otherwise specified. In the computation of any period- (1) The day of the act, event, or default from which the designated period of time begins to run is not included; and (2) The last day after the act, event, or default is included unless- (i) The last day is a Saturday, Sunday, or Federal holiday; or (ii) In the case of a filing of a paper at any appropriate administrative forum, the last day is a day on which weather or other conditions cause the closing of the forum for all or part of the day, in which event the next day on which the appropriate administrative forum is open is included. Filed means the complete receipt of any document by an agency before its close of business. Documents received after close of business are considered filed as of the next day. Unless otherwise stated, the agency close of business is presumed to be 4:30 p.m., local time. Interested party for the purpose of filing a protest means an actual or prospective offeror whose direct economic interest would be affected by the award of a contract or by the failure to award a contract. Protest means a written objection by an interested party to any of the following: (1) A solicitation or other request by an agency for offers for a contract for the procurement of property or services. (2) The cancellation of the solicitation or other request. (3) An award or proposed award of the contract. (4) 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. Protest venue means protests filed with the agency, the Government Accountability Office, or the U.S. Court of Federal Claims. U.S. District Courts do not have any bid protest jurisdiction.