FAR Part 33: Protests, Disputes, and Appeals

In plain English

FAR Part 33 prescribes policies and procedures for filing protests against contract awards and for processing contract disputes and appeals. It matters to contractors because it explains how to challenge solicitation or award decisions, how to submit and certify claims, and how to appeal a contracting officer's final decision.

Key rules

• Contracting officers must consider all protests and seek legal advice, regardless of whether the protest is filed before or after award and whether it is filed with the agency, GAO, or the U.S. Court of Federal Claims. (33.102)
• A protester must furnish a complete copy of its protest to the contracting officer or designated official within 1 day after filing with GAO; failure may result in dismissal. (33.104)
• Contractor claims must be submitted in writing to the contracting officer within 6 years after accrual of the claim, unless the parties agreed to a shorter period. (33.206)
• For any claim exceeding $100,000, the contractor must provide a certification stating that the claim is made in good faith, the supporting data are accurate and complete, the amount accurately reflects the contract adjustment, and the signer is authorized to certify the claim. (33.207)
• The Government pays interest on a contractor's claim from the date the contracting officer receives the claim (certified if required) or from when payment otherwise would be due, whichever is later, until payment. (33.208)
• If a contractor cannot support part of a claim and there is evidence of misrepresentation or fraud, the contracting officer must refer the matter to the agency official responsible for investigating fraud. (33.209)
• The contracting officer must issue a written decision on a claim that includes a description of the claim, pertinent contract terms, areas of agreement and disagreement, the decision with rationale, and a notice of appeal rights. (33.211)
• Agencies are encouraged to use alternative dispute resolution (ADR) to the maximum extent practicable to resolve issues in controversy. (33.204, 33.214)

Who does what

In practice

• If you want to challenge a solicitation or award, you can file a protest with the agency, GAO, or the U.S. Court of Federal Claims; each venue has its own procedures and deadlines.
• When submitting a claim over $100,000, you must include the exact certification language from FAR 33.207(c) and ensure it is signed by someone authorized to bind the contractor.
• Interest on a claim may be payable from the date the contracting officer receives the claim (if certified when required) or from when payment otherwise would be due, whichever is later.
• If you appeal a contracting officer's final decision, you generally must continue performance unless the contracting officer directs otherwise or the appeal is timely and the contract clause allows suspension.

Common pitfalls

• Failing to furnish a complete copy of a GAO protest to the contracting officer within 1 day after filing with GAO may result in dismissal of the protest.
• Submitting a claim over $100,000 without the required certification or with a defective certification can delay interest and may cause the claim to be returned or denied.
• Waiting more than 6 years after accrual of a claim to submit it to the contracting officer will likely make the claim untimely, unless the parties agreed to a shorter period or the contract was awarded before October 1, 1995.
• Assuming that filing a protest automatically stops performance; the obligation to continue performance may still apply unless the contracting officer directs otherwise or the contract clause allows suspension.

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.