Solicitation Protest: CICA Stay vs. CICA Override — What Contractors Need to Know

Feb 18
2 min read

When a government contractor files a bid protest, timing and strategy often determine whether performance pauses or continues. Two critical concepts under the Competition in Contracting Act (CICA) often determine whether performance pauses or continues: the CICA Stay and the CICA Override. Understanding these mechanisms is essential for protecting your interests during a solicitation protest.

What Is a CICA Stay?

A CICA Stay is an automatic suspension of contract award or performance triggered when a contractor files a timely protest with the Government Accountability Office (GAO).

When Does It Apply?

Pre-award: Agency must pause the award process.

Post-award: Agency must stop contract performance.

Protest filed within 10 days of award, or within 5 days after a required debriefing.

Purpose:

Preserve meaningful protest relief.
Maintain the status quo.

Legal Basis:

Competition in Contracting Act (CICA)
31 U.S.C. § 3553
FAR 33.103 and 33.104

What Is a CICA Override?

A CICA Override occurs when an agency formally decides to continue with award or performance despite the automatic stay.

Who Approves It?

Agency head or authorized designee must issue a written determination.

Required Justification:

Continued performance is in the best interest of the United States, or
Urgent and compelling circumstances require performance to proceed.

Effect:

Contract award or performance continues.
The protest still proceeds at GAO.

Can It Be Challenged?

Yes. Overrides can be challenged at the U.S. Court of Federal Claims.

Practical Implications for Contractors

Timing is everything: File your GAO protest promptly to trigger the stay.
Monitor agency actions: If an override occurs, evaluate whether grounds exist to challenge it in court.
Prepare for both scenarios: Even with a stay, agencies may override for mission-critical reasons.

Infographic Summary

Bottom Line

In short: The Stay freezes the train, while the Override lets it roll. Contractors should understand both to protect their rights and respond strategically during a solicitation protest.

References

Federal Register — 31 U.S.C. § 3553 (CICA Stay & Override authority): https://www.law.cornell.edu/uscode/text/31/3553

GAO Bid Protest Guide (Automatic Stay & Timeliness): https://www.gao.gov/legal/bid-protests

FAR Part 33 (FAR 33.103 & 33.104): https://www.acquisition.gov/far/part-33