FAR 52.233-2—Service of Protest.
Plain-English Summary
FAR 52.233-2, Service of Protest, tells offerors and protesters how to serve a protest on the contracting officer when the protest is filed directly with the agency or with the Government Accountability Office (GAO). It implements FAR 33.106 and works together with the FAR protest definitions in 33.101, so the provision is about notice, timing, and proof of delivery rather than the merits of the protest itself. The clause requires the contracting officer to designate the official or location where service must be made, and it requires the protester to obtain written, dated acknowledgment of receipt. It also imposes a strict timing rule for GAO protests: a copy of the protest must be received at the designated office within one day of filing at GAO. In practice, this provision helps ensure the agency is promptly informed of a protest so it can assess procurement actions, preserve the record, and determine whether a stay or other protest-related action may apply. For contractors, it is a procedural requirement that can affect whether the agency is properly notified; for contracting officers, it is a notice-management tool that supports orderly protest handling.
Key Rules
Applies to agency and GAO protests
The provision covers protests filed directly with an agency and copies of protests filed with GAO. It does not define protest grounds; it only governs how the protest must be served on the contracting officer.
Service must reach the contracting officer
The protest must be served on the contracting officer at the address or location designated in the solicitation or contract. The contracting officer must identify where service is to be made so protesters know exactly where to deliver the protest.
Written acknowledgment is required
Service is accomplished by obtaining a written, dated acknowledgment of receipt. This creates proof that the protest was actually delivered to the designated office and when it was received.
GAO protest copy due within one day
If the protest is filed with GAO, a copy must be received in the designated office within one day of filing at GAO. This is a short deadline and requires immediate action by the protester.
Designation must be specific
The contracting officer must designate the official or location for service, rather than leaving the matter vague. Clear designation reduces disputes over whether service was proper or timely.
Responsibilities
Contracting Officer
Designate the official or office location where protests must be served; ensure the solicitation or contract clearly states the service point; receive or arrange receipt of protests and provide written, dated acknowledgment when service is made.
Protester / Offeror / Contractor
Serve any protest filed directly with the agency on the designated contracting officer office; if filing at GAO, send a copy to the designated office so it is received within one day; obtain written, dated acknowledgment of receipt as proof of service.
Agency
Support the contracting officer in establishing a reliable protest service location and process; ensure the designated office can promptly receive, date, and acknowledge protest deliveries; route the protest quickly to the responsible acquisition personnel.
GAO Protester
When filing a protest with GAO, provide the agency copy promptly enough to meet the one-day receipt requirement at the designated office.
Practical Implications
This clause is about speed and proof: if the protest is not delivered to the right place, or if there is no dated acknowledgment, the protester may have trouble proving proper service.
The one-day receipt rule for GAO protests is easy to miss, especially if the protest is filed late in the day or sent by mail instead of hand delivery or another rapid method.
Contracting officers should make the service location unmistakable in the solicitation to avoid disputes over whether the protest was properly served.
Agencies should have a reliable process for date-stamping and acknowledging receipt immediately, because the acknowledgment can become important evidence in a protest record.
This provision does not control protest timeliness under the protest forum’s rules; it only governs service on the contracting officer, so parties must still comply with all GAO or agency protest filing deadlines.
Official Regulatory Text
As prescribed in 33.106 , insert the following provision: Service of Protest (Sept 2006) (a) Protests, as defined in section 33.101 of the Federal Acquisition Regulation, that are filed directly with an agency, and copies of any protests that are filed with the Government Accountability Office (GAO), shall be served on the Contracting Officer (addressed as follows) by obtaining written and dated acknowledgment of receipt from ______________________. [ Contracting Officer designate the official or location where a protest may be served on the Contracting Officer .] (b) The copy of any protest shall be received in the office designated above within oneday of filing a protest with the GAO. (End of provision)