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FAR and DFARS › FAR Part 33: Protests, Disputes, and Appeals › Subpart 33.1

FAR 33.106 Solicitation provision and contract clause.

The codified text (eCFR, as of 2026-10-02). Under the Revolutionary FAR Overhaul ↗, agencies follow class deviations with new text for many parts while the formal rules go through the Federal Register: check the solicitation and your contract's clauses, which rule.

In plain English

This section tells contracting officers when to include two protest-related provisions in solicitations and contracts. It matters to contractors because it determines whether they will see the Service of Protest provision and the Protest After Award clause in the documents they receive.

Applies to: Contracting officers issuing solicitations and contracts

What it requires

  • Insert the provision at 52.233-2, Service of Protest, in solicitations for contracts expected to exceed the simplified acquisition threshold.
  • Insert the clause at 52.233-3, Protest After Award, in all solicitations and contracts.
  • If a cost reimbursement contract is contemplated, use the clause at 52.233-3 with its Alternate I.

Key terms: simplified acquisition threshold · Service of Protest · Protest After Award · cost reimbursement contract · Alternate I

Written by AI from this section's text. A guide, not legal advice: the text below rules.

The 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.

Sections it refers to

Sections that refer to it

← 33.105 Protests at the U.S. Court of Federal Claims. · 33.201 Definitions. →

Rule changes for FAR Part 33

Source: eCFR, 48 CFR chapters 1 and 2 (GPO GovInfo bulk data) ↗. Plain words for the terms: glossary.

FAR 33.106 Solicitation provision and contract clause · SpendQuery