Government Contracts Brief – Week of March 23, 2020

Subcontract Reporting Requirements

If a contractor awards a subcontract over $30K it must report it to the government. FAR 52.204-10 provides the information that must reported, where to file, and the deadlines for filing. Reporting is only applicable to awards to first-tier subcontractors. Primes or subs that had gross income in the prior tax year under $300K are exempt.

Protest Timeliness for Solicitation Challenges

Timeliness of the filing of a protest at GAO is critical to the survivability of the action. Offerors may challenge defects in the acquisition pre-award; however, the filing requirements are different from post-award protests. Simply put: your post-award protest will almost certainly be dismissed if the basis is an alleged impropriety in the solicitation. Those protests generally must be filed before bid opening or before the time set for receipt of initial proposals. If you fail to receive the award and protest on pre-award grounds, you will be deemed to have filed too late.

Pre-Award Protest Filing Period

The Court of Federal Claims (COFC) precedent follows generally the same procedures as GAO regarding timeliness of pre-award protests. It is well-settled in this judicial forum that legal challenges to pre-award matters (i.e. objecting to the terms of a solicitation) must be made prior to the close of the bidding process or they are waived.


Attorney Kristi Morgan AronicaOur government contracts briefs, reports, and articles are published by Attorney Kristi Morgan Aronica. She serves as counsel to government contractors and subcontractors throughout Texas and nationally.