/>iContractors pursuing work with the U.S. Postal Service (USPS) must be aware that the Postal Service operates under a unique set of rules. Unlike most federal agencies, the USPS is not subject to the jurisdiction of the Government Accountability Office (GAO) for bid protests. Instead, protests are governed by Section 3.6 of the USPS Purchasing Manual, a comprehensive internal procedure overseen by the Postal Service’s general counsel. Here’s what government contractors need to know:
Who Can Protest and What Can Be Protested?
Only an interested party — defined as an actual or prospective offeror whose direct economic interest would be affected — may file a protest. A protest must be a written objection to any of the following:
- The terms of a solicitation;
- The award or proposed award of a contract; or
- Any action relating to the solicitation or contract award.
How and Where to File
Protests must be submitted in writing to either:
- The contracting officer, or
- The general counsel (specifically, the senior counsel for Contract Protests and Policies).
The protest must clearly identify the solicitation or contract at issue and include:
- A detailed factual and legal basis for the protest,
- Relevant documents,
- Evidence of timeliness, and
- Proof of interested party status.
Strict Timeliness Rules Apply
Timeliness is critical — miss the deadline and your protest will not be considered. Key deadlines include:
- Solicitation challenges must be received before the proposal due date.
- Challenges to amendments must be filed before the next proposal deadline.
- Post-award protests must be received:
- Within 10 days of a debriefing (if one was timely requested), or
- Within 10 days of when the protester knew or should have known the basis for protest.
No protest — other than one following a timely debriefing — will be considered if received more than 15 days after the award.
Effect on Contract Award and Performance
If a protest is filed before the award, the USPS may not proceed with the award unless urgent and compelling circumstances exist.
If a protest is filed after award, the USPS may:
- Suspend performance,
- Issue a stop-work order, or
- Allow continued performance, depending on the situation and in consultation with counsel.
The Dual Track Review Process
Protests to Contracting Officers
- Protests must be decided within 10 days.
- If obviously meritorious, appropriate corrective action may be taken.
- If not clearly meritorious, the protest may be referred to the general counsel or summarily denied.
Protests to the General Counsel
- Contracting officers must submit a full report within 30 days, including:
- A detailed statement addressing each protest allegation,
- Relevant documents (e.g., solicitation, proposals, evaluations), and
- Distribution of documents to the protester and interested parties.
- Other interested offerors may participate by submitting comments within five days of notice.
- The general counsel aims to issue a decision within 21 days after the full record is developed.
Reconsideration and Summary Dismissals
Any party to the protest may request reconsideration of the general counsel’s decision within 10 days of learning of the basis for reconsideration (but no more than 20 days after the decision).
The general counsel may summarily dismiss protests that are clearly without legal merit or outside the scope of review.
U.S. Court of Federal Claims Protest
While the GAO generally does not have jurisdiction over protests involving the USPS, the U.S. Court of Federal Claims has consistently asserted jurisdiction over such protests. Thus, if a protester is dissatisfied with a decision from the USPS on its protest, the protester may be able to file a follow-on protest at the U.S. Court of Federal Claims. It is also important to note that the USPS protest process does not necessarily need to be exhausted before a protester can file at the U.S. Court of Federal Claims.
Practical Takeaways for Contractors
- Know the rules – USPS protests are governed internally, not by GAO or the Court of Federal Claims.
- Act fast – USPS timeliness rules are rigid and unforgiving.
- Be complete – Include all factual, legal, and documentary support with your initial protest.
- Be strategic – Depending on your protest grounds and timing, choose whether to protest to the contracting officer or the general counsel.
Conclusion
Contractors pursuing USPS work must understand and respect this unique protest process. Engaging experienced counsel early can make all the difference when challenging a procurement action.
