DFARS Part 233: Protests, Disputes, and Appeals

In plain English

DFARS Part 233 implements FAR Part 33 for DoD acquisitions, covering protests, disputes, and appeals. It sets special rules for suspending performance after a GAO protest, requires briefings for large protested acquisitions, and mandates specific contract clauses. Contractors need to know these procedures because they affect how and when they can challenge awards and how disputes are handled.

Key rules

• If the Government limits disclosure of information under 239.7305(d), that action cannot be reviewed in a GAO bid protest or Federal court. (233.102)
• Upon notice of a GAO protest filed within certain time periods after award, the contracting officer must immediately suspend performance or terminate the contract, task order, or delivery order, unless an exception in FAR 33.104(c)(2) or (3) applies. (233.104)
• The time periods for mandatory suspension or termination are: within 10 days after contract award; within 10 days after a task or delivery order is issued if its value exceeds $25 million; within 5 days after a debriefing date offered under a timely debriefing request, regardless of whether the protestor rejected the date; or within 5 days after a postaward debriefing is concluded. (233.104)
• For protested acquisitions valued at $1 billion or more, follow the briefing procedures in PGI 233.170. (233.170)
• For protests involving the same contract award or proposed award filed at both the GAO and the U.S. Court of Federal Claims, follow the reporting procedures in PGI 233.171. (233.171)
• Limitations on Congressionally directed payment of a claim under the Contract Disputes statute, a request for equitable adjustment, or a request for relief under Public Law 85-804 are found at 10 U.S.C. 3862. (233.204-70)
• Use Alternate I of the Disputes clause at FAR 52.233-1 when the acquisition is for aircraft, spacecraft and launch vehicles, naval vessels, missile systems, tracked combat vehicles, or related electronic systems; or when the contracting officer determines continued performance is vital to national security or public health and welfare; or when the head of the contracting activity determines contin (233.215)
• Use the clause at 252.233-7001, Choice of Law (Overseas), in solicitations and contracts when contract performance will be outside the United States and its outlying areas, unless otherwise provided for in a government-to-government agreement. (233.215-70)

Who does what

In practice

• If you protest a DoD contract award, the contracting officer must suspend performance or terminate the contract if your protest is filed within the specified time periods, which may preserve your opportunity to compete.
• For large acquisitions (valued at $1 billion or more), additional briefing procedures apply, which may affect the protest timeline and information flow.
• If your contract is for certain military systems or performance is vital to national security or public health, the Disputes clause may include Alternate I, which can affect your rights and obligations in a dispute.
• For contracts performed overseas, the Choice of Law (Overseas) clause may apply, determining which law governs the contract.

Common pitfalls

• Do not assume that a GAO protest automatically stops performance; the suspension or termination is required only if the protest is filed within the specific time periods listed in DFARS 233.104(c)(1).
• Do not overlook the special briefing requirement for protested acquisitions valued at $1 billion or more; failing to follow PGI 233.170 could cause procedural problems.
• Do not forget that if the Government limits disclosure under 239.7305(d), that action is not subject to bid protest review, so you may not be able to challenge it.
• Do not use the standard Disputes clause when Alternate I is required; using the wrong clause could affect your dispute rights.

Written by AI from this part's codified text (2026-10-04); cited sections are checked against the part. A guide, not legal advice: the regulation text, the solicitation and your contract rule.