Does FPDS post start protest clock?

Facts matter but these might help you decide whether the answer could be yes or no.

https://www.gao.gov/assets/b-420227.pdf

https://www.gao.gov/products/b-419779%2Cb-419779.2

https://www.gao.gov/assets/820/817852.pdf

Contract time said:

Does posting an award or other contract action on FPDS constitute notice for the purposes of starting the deadline upon which a potential protester knew or should have known of the protest basis?

As Carl alluded to, when an entity knew or should have known of the existence of a basis for a protest is a fact specific question.  For an extreme situation, see GAO-05-436T Air Force Procurement: Protests Challenging Role of Biased Official Sustained.

On 3/7/2023 at 3:32 PM, Contract time said:

Does posting an award or other contract action on FPDS constitute notice for the purposes of starting the deadline upon which a potential protester knew or should have known of the protest basis?

Not necessarily.

See 4 CFR 21.2, Time for Filing. Paragraph (a)(1) covers protests about improprieties in a solicitation. Paragraph (a)(2) covers other protests, including protests of awards:

Quote

Protests other than those covered by paragraph (a)(1) of this section shall be filed not later than 10 days after the basis of protest is known or should have been known (whichever is earlier), with the exception of protests challenging a procurement conducted on the basis of competitive proposals under which a debriefing is requested and, when requested, is required. In such cases, with respect to any protest basis which is known or should have been known either before or as a result of the debriefing, and which does not involve an alleged solicitation impropriety covered by paragraph (a)(1) of this section, the initial protest shall not be filed before the debriefing date offered to the protester, but shall be filed not later than 10 days after the date on which the debriefing is held.

Generally, every method of contracting requires the contracting officer to notify offerors about an award decision in some way or another. The deadline begins when an offeror receives notification or otherwise learns of the award. The CO is supposed to complete an FPDS contract action report within three days after contract award, but I don't know when that information becomes public. The CO must also notify unsuccessful offerors within three days after contract award.  The CO must also make a public announcement of award in accordance with FAR 5.303.

The deadline begins when the offeror knew or should have known of the basis for the protest. I doubt the an offeror would learn via FPDS sooner than from another method, such as notice directly from the CO or contract specialist or a synopsis of award at SAM.gov. But I suppose that anything is possible.

I also doubt if FPDS provides information on the basis of award.  Most award decisions now use some form of trade off so offerors need additional information from the contracting officer other than what’s conveyed in FPDS.

On 3/8/2023 at 7:11 AM, Vern Edwards said:

In such cases, with respect to any protest basis which is known or should have been known either before or as a result of the debriefing, and which does not involve an alleged solicitation impropriety covered by paragraph (a)(1) of this section, the initial protest shall not be filed before the debriefing date offered to the protester, but shall be filed not later than 10 days after the date on which the debriefing is held.

I couldn't get acquisition.gov to open and didn't try any other avenues, but isn't 5 days prescribed in FAR 33, not 10 days? 

so if 4 and 48 CFR conflict which one do you follow? I'd gather with a degree of certainty this has happened before. 

Another question, since the regulations use the word offered, i could potentially offer a post award debrief 5 days after a written request for one, and if 5 days is the time limitation to protest, the contractor would be untimely in their protest since i didn't give it until day 5? that seems shady but that's what i took away.

dsmith101abn said:

so if 4 and 48 CFR conflict which one do you follow?

See FAR 33.104 (Procedures for protests to GAO are found at 4 CFR Part 21 (GAO Bid Protest Regulations). In the event guidance concerning GAO procedure in this section conflicts with 4 CFR Part 21, 4 CFR Part 21 governs.)  This should answer your other question.

Retreadfed said:

See FAR 33.104 (Procedures for protests to GAO are found at 4 CFR Part 21 (GAO Bid Protest Regulations). In the event guidance concerning GAO procedure in this section conflicts with 4 CFR Part 21, 4 CFR Part 21 governs.)  This should answer your other question.

^^^ Thanks.

It does not. The situations outlined above show how there is not a constant answer to all questions in the contracting realm. Stop looking for them.

@dsmith101abn You need to carefully read FAR 33.104 and not base questions on what you think or remember.  Then carefully read 4 CFR part 21.  There isn’t any conflict.  Disregard any other responses you received here after asking that question (which shouldn’t have been asked in the first place because you couldn’t get acquisition.gov to open)

dsmith101abn said:

I couldn't get acquisition.gov to open and didn't try any other avenues, but isn't 5 days prescribed in FAR 33, not 10 days? 

so if 4 and 48 CFR conflict which one do you follow?

Screaming Eagle, I think that post was a streamer.

Vern Edwards said:

Screaming Eagle, I think that post was a streamer.

Airborne all the way

Vern Edwards said:

Screaming Eagle, I think that post was a streamer.

I’m not sure what a “streamer” is but if the intent of a post is getting a rise or a reaction, the common term is “trolling.”

https://en.wikipedia.org/wiki/Troll_(slang)

Edit:  never mind.  I just realized what a streamer is in the context of Screaming Eagle  😁

yeah, my new T-11R didn't deploy. It's been known to happen. 

I shouldn't have said what i said. but lol on some of the responses.

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https://www.youtube.com/watch?v=XK_RkH7aHb8

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https://www.youtube.com/watch?v=c70e6nsWvsI

https://www.youtube.com/watch?v=J0DF-W_qlDI