What may a CO do upon receiving notice that a protest has been filed with GAO before award?

When a Contracting Officer (CO) receives notice that a protest has been filed with the Government Accountability Office (GAO) before the award of a contract, they have specific options on how to proceed. Option B, which suggests awarding the contract with specific conditions, reflects a permissible approach under certain circumstances.

In procurement procedures, a CO can decide to proceed with awarding the contract despite the protest, but they often do this under specific conditions or with particular precautions to mitigate risks associated with the pending protest. For instance, the CO might choose to award the contract but include clauses that allow for the contract to be terminated or modified based on the outcome of the protest. This ensures that the government can remain agile and responsive to legal challenges while still moving forward with necessary procurement actions.

The ability to award with specific conditions is built upon the understanding that such actions must comply with federal regulations and legal precedents, which balance the urgency of procurement needs against the rights of contractors to challenge award decisions that may not adhere to procurement laws or regulations.

In contrast, canceling the contract, seeking a legal opinion, or ignoring the protest are not typically viable or strategic responses in this scenario, as they would either obstruct the procurement process unnecessarily or neglect the legal obligations attached to the