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 Federal Retirement Thrift Investment Board

5 January 2023

TO: FRTIB Personnel, Contractors, and Subcontractors

FROM: Mark Chranowski

Senior Procurement Executive

SUBJECT: FRTIB Protest Procedures

Purpose:

This memorandum informs acquisition staff and current and potential contractors (or 

subcontractors) of the Agency’s procedures on protests to the Agency regarding a contract 

action by the Acquisition Management Division (AMD) of the Office of the Executive Director, 

FRTIB.

Scope:

Subpart 33.1 of the Federal Acquisition Regulation (FAR) provides guidance on protests, which 

are written objections by an interested party to some action taken by an Agency during the 

acquisition process. Interested parties may file a protest with either the Government 

Accountability Office (GAO) or the Agency itself. 

FAR 33.104 describes the actions to be taken when an interested party files a protest with the 

GAO. This guidance constitutes a complete set of instructions, which the FRTIB Acquisition 

Management Division must follow in handling GAO protests. 

FAR 33.103 describes the actions to be taken when an interested party files a protest with the 

Agency. FAR 33.103(d)(4) allows protestors to request an independent review of the protest at 

a level above the Contracting Officer (CO) and provides general guidance on the review 

procedure, but it requires each Agency to provide more detailed procedures.

Process:

A. Filing a Protest with FRTIB

When protesting an FRTIB acquisition, an interested party may choose either to have the 

CO review the protest, or to have the Senior Procurement Executive (SPE) conduct the 

independent review described in FAR 33.103(d)(4). If the interested party requests the SPE 
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review, but the SPE has had significant personal involvement in the procurement, then the 

SPE must designate another official to conduct the review. In any case, the SPE may 

appoint other personnel as necessary to assist in the review and preparation of the decision 

provided, they have not been personally involved in the procurement. 

Interested parties may file a protest of an FRTIB acquisition with either the CO or the SPE. 

In either case, the interested party must indicate whether it elects to have the CO or the 

SPE conduct the review of the protest.

B. Processing the Protest

When a CO or the SPE receives a protest filed with FRTIB, they must immediately take the 

following actions, in the order in which they are presented: 

1) Determine whether the protest was timely 

To be considered timely: 

• Protests based on alleged apparent improprieties in a solicitation must be filed 

before bid opening or the closing date for receipt of proposals, 

• In all other cases, protests must be filed no later than 10 days after the basis of 

protest is known or should have been known, whichever is earlier; 

2) Consider the merits of the protest even if not filed in a timely manner 

• For good cause, where it determines that a protest raises issues significant to the 

agency’s acquisition system (FAR 33.103(e)); and 

3) Determine whether the protest contains all the information that is required by FAR 

33.102(d)(2): 

• Name, address, and fax and telephone numbers of the protester, 

• Solicitation or contract number, 

• Detailed statement of the legal and f actual grounds f or the protest, to include a 

description of resulting prejudice to the protester, 

• Copies of relevant documents, 

• Request for a ruling by the agency, 

• Statement as to the form of relief requested, 

• All information establishing that the protester is an interested party f or the 

purpose of filing a protest, and 

• All information establishing the timeliness of the protest. 

Failure to substantially comply with any of these requirements may be grounds for dismissal 

of the protest.

C. Attempt to Resolve the Protest

If the protestor does not withdraw the protest, suspend award of the contract/order if the 

protest was received before award, or suspend performance of the contract/order if the 
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protest was received within 10 days after contract award or within 5 days after the debriefing 

date offered to the protester. If contract/order award is suspended, the CO or SPE must 

notify any other offerors whose offers are being considered for award, and request 

extension of the expiration dates of the offers to allow time for handling the protest (FAR 

33.103(f)). 

However, the CO or SPE may continue with award of the contract/order or continuation of 

performance, if they justify in writing that this action is required for urgent and compelling 

reasons or is determined to be in the best interest of the Government. Such justification or 

determination must be approved by the Chief Acquisition Officer (FAR 33.103(f)).

D. Response to the Protest

The CO or SPE must consider all timely protests. In preparing a response to a protest, the 

CO or SPE must seek the advice of the Office of General Counsel (OGC) and may also 

need to coordinate with the program office. To the extent permitted by law and regulation, 

the CO or SPE and the protestor may exchange relevant information (FAR 33.102(a) and 

33.103(g)). 

The CO or SPE should attempt to resolve the protest in an inexpensive, informal, 

procedurally simple, and expeditious manner. Where appropriate, the use of alternative 

dispute resolution techniques, third party neutrals, and another agency’s personnel are 

acceptable protest resolution methods. But regardless of the resolution method, the CO or 

SPE must do everything possible to resolve the protest within 35 days after it is filed (FAR 

33.103(c) and (g)). The CO or SPE’s response must be well-reasoned and fully responsive 

to the allegation(s) contained in the protest and explain the Agency’s position. 

All responses must be reviewed by OGC prior to being issued. When the response is 

finalized and approved, the CO or SPE must prepare four final copies, and distribute one 

copy each to the protestor, OGC, the Program Office, and the SPE. The CO or SPE must 

provide the protest decision to the protester using a method that provides evidence of 

receipt (FAR 33.103(h))

E. FAR Part 33 Contract Clauses

The CO will include the dispute and protest clauses of FAR Part 33, as prescribed.

F. Prescribed FRTIB-Specific Clause

All solicitations released by the Acquisition Management Division (AMD) must contain the 

Agency specific clause below. It notifies potential bidders and offerors that they may choose 

to have their protest reviewed by either the CO or SPE and provides instructions. 

FRTIB-Specific Clause –

FRTIB Protest Procedures [FAR 33.103]

An interested party who files a protest with FRTIB has the option of requesting review 

and consideration of the protest by either the Contracting Officer (CO) or the Senior 

Procurement Executive (SPE). The protest must clearly indicate the official to whom it is 

directed. 
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If the protest is directed to the CO, a copy of the protest must be sent to the SPE at the 

same time the protest is filed. The mailing address for the SPE is: 

Acquisition Management Division (AMD)

Office of the Executive Director

Federal Retirement Thrift Investment Board (FRTIB)

77 K St. NE, Suite 1000

Washington, DC 20002

Review and consideration of a protest by the SPE is an alternative to review and 

consideration by the CO.

Approval

Name: ___________________________

 Mark Chranowski

Title: Senior Procurement Executive