FAR 33.106—Solicitation provision and contract clause.
Plain-English Summary
FAR 33.106 tells contracting officers which protest-related solicitation provisions and contract clauses must be included in federal procurements. It covers two specific items: the provision at 52.233-2, Service of Protest, which must be inserted in solicitations expected to exceed the simplified acquisition threshold, and the clause at 52.233-3, Protest After Award, which must be inserted in all solicitations and contracts. It also addresses the special case of cost-reimbursement contracting, requiring use of Alternate I to the Protest After Award clause when that contract type is contemplated. In practice, this section ensures offerors and contractors know how protests will be served and what happens if a protest is filed after award, so the government can manage protest procedures consistently and preserve the integrity of the procurement process. For contracting officers, it is a mandatory clause-and-provision insertion rule, not a discretionary policy choice. For contractors, it signals that protest-related obligations and procedures are part of the solicitation and contract terms.
Key Rules
Service of Protest Provision
The contracting officer must insert FAR 52.233-2, Service of Protest, in solicitations expected to exceed the simplified acquisition threshold. This provision tells offerors how a protest will be served and supports orderly protest administration.
Protest After Award Clause
The contracting officer must insert FAR 52.233-3, Protest After Award, in all solicitations and contracts. This makes post-award protest procedures a standard part of federal contracting terms.
Cost-Reimbursement Alternate
If a cost-reimbursement contract is contemplated, the contracting officer must use 52.233-3 with Alternate I. The alternate is required because the clause is tailored to the special features of cost-reimbursement contracting.
Mandatory Inclusion
These insertions are mandatory, not optional, when the stated conditions are met. Failure to include the required provision or clause can create solicitation defects or contract administration issues.
Responsibilities
Contracting Officer
Insert 52.233-2 in solicitations expected to exceed the simplified acquisition threshold; insert 52.233-3 in all solicitations and contracts; and use Alternate I of 52.233-3 when a cost-reimbursement contract is contemplated.
Offerors/Contractors
Review the protest-related provision and clause as part of the solicitation and contract package, and understand the procedures and obligations that apply if a protest is filed.
Agency
Ensure acquisition planning and solicitation templates support inclusion of the required protest provision and clause so procurements are issued with the correct FAR text.
Practical Implications
These clauses are easy to overlook because they are standard boilerplate, but omission can create a solicitation defect or require corrective action.
The simplified acquisition threshold matters only for the Service of Protest provision; the Protest After Award clause applies broadly to all solicitations and contracts.
Cost-reimbursement acquisitions need special attention because Alternate I must be used when that contract type is contemplated, not the basic clause text.
Contracting officers should verify clause prescriptions during solicitation preparation and before award, especially when using templates or automated clause libraries.
Contractors should treat these clauses as part of the dispute framework for the procurement and not assume protest procedures are governed only by external rules or agency practice.
Official Regulatory Text
(a) The contracting officer shall insert the provision at 52.233-2 , Service of Protest, in solicitations for contracts expected to exceed the simplified acquisition threshold. (b) The contracting officer shall insert the clause at 52.233-3 , Protest After Award, in all solicitations and contracts. If a cost reimbursement contract is contemplated, the contracting officer shall use the clause with its Alternate I.