FAR Part 33

Question 1

Part 33

Answer 1

Protests, Disputes, and Appeals

Introduction to Protests, Disputes, and Appeals

Purpose: Outlines the framework for handling protests, disputes, and
appeals in federal contracting (FAR 33.000).

Scope: Covers all federal acquisition processes, ensuring that decisions are fair, transparent, and can be contested if necessary (FAR 33.000).

Accountability: Ensures that all procurement decisions are subject to review and potential challenge (FAR 33.103).

Transparency: Provides a clear process for handling disputes and appeals, ensuring that the decision-making process is open and visible to all stakeholders (FAR 33.104).

Question 2

Part 33

33.1 - Protests: Promoting Fairness and Transparency

Answer 2

Definition and Purpose: A protest is a written objection to a solicitation or award, ensuring fairness and transparency (FAR 33.101).

Eligibility: Defines who can file a protest and the grounds for doing so (FAR33.102).

Procedures for Handling Protests

Filing Process: Detailed steps for filing a protest, including timelines and required information (FAR 33.103).
* Protests must be filed within specified time frames (e.g., before bid opening or within 10 days of award) (FAR 33.103).
* Must include details such as the solicitation number, detailed grounds for the protest, and supporting evidence (FAR 33.103).

Impact of Protests: Potential suspension of contract actions during protest resolution (FAR 33.104).
* Contracting officers may withhold the award or suspend performance of an awarded contract pending resolution (FAR 33.104).
* Ensures that procurement actions do not proceed until fairness is ensured (FAR 33.104)

Question 3

33.2 - Disputes and Appeals: Ensuring Transparency in Contract Administration

Framework for Resolving Disputes

Answer 3

Purpose: Establishes procedures for resolving contract disputes and
appeals to maintain transparency (FAR 33.200).

Authority: Defines the contracting officer’s role and authority in resolving disputes (FAR 33.210).
* Contracting officers have the authority to decide claims and must issue written decisions (FAR 33.210).
* Decisions must be based on the facts and include a detailed explanation (FAR 33.210).
* Written Decisions: Contracting officers must provide written decisions on claims, ensuring transparency (FAR 33.211).

Written decisions should include findings of fact, conclusions, and the rationale for the decision (FAR 33.211).
* Claimants must be informed of their right to appeal (FAR 33.211).

Appeals Process: Defines the process for appealing decisions to
boards, ensuring fairness and transparency (FAR 33.212).
* Contractors may appeal to boards such as the Armed Services Board of Contract Appeals (FAR 33.212).
* The appeals process includes deadlines, submission requirements, and hearing procedures (FAR 33.212).

Question 4

Protest

A written objection by an interested party to any of the following:

Answer 4

A solicitation or other request by an agency for offers,

Cancellation of a solicitation or other request,

An award or proposed award of a contract, or

A termination or cancellation of an award of a contract a s long a s the written objection contains an allegation that the termination or cancellation is based in whole or in part on improprieties concerning the award of the contract

A protest may be filed with either the agency or the Government Accountability Office (GAO).

Question 5

Protest General Procedures

Answer 5

Within one work day of filing a protest with GAO, a copy must be provided to the contracting officer.

The CO must immediately give notice of the protest to the contractor fi
the award has been made, or if no award has been made, to all parties who appear to have a reasonable prospect of receiving award fi the
protest is denied.

Within 30 days (20 if express option is used) after notification, the contracting officer must submit a complete report to the
GAO, with a copy to the protester and any other interested parties.

The protester and other interested parties are required to furnish a copy of any comments on the agency report directly to the GAO within 10 days (5 fi express option is used) after receipt, with copies to the contracting officer and to other participating interested parties.

Question 6

Protest General Procedures

It is the government’s policy

Answer 6

to try to resolve all contractual issues in controversy by mutual agreement at the contracting officer’s level.

Question 7

Use of Funds Beyond the Period of Availability

Funds available to an
agency for a contract at the time a protest is filed remain
available for obligation for

Answer 7

100 days after the final
ruling is rendered, if they would otherwise have
expired.

Question 8

Award in the Face of a Protest

Upon receipt of a protest before award,

Answer 8

the affected contract may not be awarded
pending agency resolution of the protest, unless continued performance is properly
justified (there is an urgent and compelling need or performance is in the best interest of
the government).

Question 9

Protests Before Award

Upon notification from the GAO of a protest,

Answer 9

the contracting officer is barred from
awarding the subject contract, unless authorized at a level above the contracting
officer in writing, and even then only after GAO is notified.

Question 10

Protests after award

Answer 10

If notified within 10 days or award

If notified within 5 days of debriefing

Contract performance must be immediately suspended or the contract terminated

Question 11

Protests with the U.S. Court of Federal Claims

Answer 11

U.S. Court of Federal Claims Rules

http://www.uscfc.uscourts.gov /rules-and-forms

Question 12

Protest Review

Answer 12

Directly with the agency

With the Government Accountability Office (GAO)

In the Court of Federal Claims

Question 13

Disputes and Appeals

Claim

Answer 13

A written demand or written assertion by one of the contracting parties seeking, as a matter of right, the payment of money in a sum certain, the adjustment or
interpretation of contract terms, or other relief arising under or relating to the contract

A written demand or written assertion by the contractor seeking the payment of money exceeding $100,000 is not a claim under the Contracts Disputes statute until certified as required by the Act and FAR 33.207.

Question 14

Certification of Claims

Claims in excess of $100,000, or when using any alternative dispute resolution technique (regardless of the amount claimed), must be accompanied by certification:

Answer 14

That the claim is made ni good faith

That supporting data are accurate and complete to the best of the contractor’s knowledge and belief

That the amount requested accurately reflects the contract
adjustment for which the contractor believes the government is liable

Question 15

Disputes Statute

Establishes procedures and requirements for asserting and resolving claims

Provides for:

Answer 15

Payment of interest on contractor claims

Certification of contractor claims

Civil penalties for contractor claims that are fraudulent

Question 16

Resolving Contractual Issues

It is the government’s policy to try to

Answer 16

resolve all contractual issues in
controversy by mutual agreement at the contracting officer’s level.

Question 17

Alternative Dispute Resolution (ADR)

Answer 17

Any procedure or combination of procedures voluntarily used to resolve issues in controversy

Question 18

Issue in controversy

Answer 18

A material disagreement between the government and the contractor that may result in a claim or is a part of an existing claim

Question 19

The objective of using Alternative Dispute Resolution (ADR) procedures is to

Answer 19

increase the opportunity for relatively inexpensive and expeditious resolution of issues in controversy.

ADR procedures may be used at any time that the contracting officer has authority to resolve the issue in controversy.

Question 20

ADR procedures include, but are not limited to:

Answer 20

Conciliation,

Facilitation,

Mediation,

Fact finding,

Mini-trials,

Arbitration, and/or

Use
of ombudsmen.

Question 21

Final Decisions

When a claim cannot be settled by mutual agreement and a
decision is necessary, the matter is resolved through

Answer 21

issuance of a contracting officer’s final decision.

The contracting officer shall issue the decision within:

For claims of $100,000 or less
60 days after receiving a written request from the contractor that a
decision be rendered within that period, or within a reasonable time after receipt of a claim fi the contractor does not make such a request.

Question 22

Final Decisions

When a claim cannot be settled by mutual agreement and a
decision is necessary, the matter is resolved through

Answer 22

The contracting officer shall issue the decision within:

For claims over $100,000
60 days after receipt of certification, provided that fi a decision wil not be issued within 60 days, the contracting officer notifies the contractor, within 60 days, of the time within which a decision wil be issued.

Question 23

Failure of the contracting officer to render a final decision within the required time period is deemed to constitute denial of the claim thereby
authorizing the contractor to file an appeal or suit on the claim.

Answer 23

For claims over $100,000
60 days after receipt of certification, provided that fi a decision wil not
be issued within 60 days, the contracting officer notifies the contractor, within 60 days, of the time within which adecision wil be issued.