Manage Disagreements

Question 1

What is a protest as defined in FAR 33.101?

Answer 1

A protest is defined as a written objection by an interested party to a solicitation or other request by an agency for offers for a contract for the procurement of property or services, or the cancellation of the solicitation or other request.

Question 2

What is an ‘Interested Party’ in the context of filing a protest?

Answer 2

An ‘Interested Party’ is an actual or prospective offeror whose direct economic interest would be affected by the award of a contract or by the failure to award a contract.

Question 3

What does ‘Filed’ mean in the context of protests?

Answer 3

‘Filed’ means the complete receipt of any document by an agency before its close of business.

Question 4

What are the three venues where protests can be filed?

Answer 4

Protests can be filed with the agency, the Government Accountability Office (GAO), or the U.S. Court of Federal Claims.

Question 5

How is a ‘Day’ defined in the context of protest timelines?

Answer 5

A ‘Day’ means a calendar day, unless otherwise specified, and the day of the act, event, or default from which the designated period of time begins to run is not included.

Question 6

To whom should protests of small business representation be forwarded according to FAR 19.302(c)(1)?

Answer 6

Protests of small business representation should be promptly forwarded to the Small Business Administration Government Contracting Area Director.

Question 7

What must contracting officers do regarding all protests according to FAR 33.102(a)?

Answer 7

Contracting officers shall consider all protests and seek legal advice.

Question 8

What is encouraged for an interested party wishing to protest before filing with the GAO according to FAR 33.102(e)?

Answer 8

An interested party is encouraged to seek resolution within the agency before filing a protest with the GAO.

Question 9

What is the deadline for filing protests in all other cases?

Answer 9

In all other cases, protests must be filed no later than 10 days after the basis of the protest is known or should have been known, whichever is earlier.

Question 10

What must a protest include when filed with the agency?

Answer 10

A protest must include the name, address, and phone numbers of the protester, solicitation or contract number, a detailed statement of the legal and factual grounds for the protest, copies of relevant documents, a request for a ruling by the agency, a statement as to the form of relief requested, adequate information establishing that the protester is an interested party, and all information establishing the timeliness of the protest.

Question 11

What is the consequence of failing to present a protest concisely and logically?

Answer 11

Failure to present a protest concisely and logically may be grounds for dismissal of the protest.

Question 12

When must protests based on alleged apparent improprieties in a solicitation be filed?

Answer 12

Protests based on alleged apparent improprieties in a solicitation must be filed before bid opening or the closing date for receipt of proposals.

Question 13

What is the time limit for a protester to file with the GAO after receiving an adverse decision from the agency?

Answer 13

The protester has 10 days from receiving knowledge of the adverse decision to file the protest with the GAO.

Question 14

To whom should all protests filed with the agency be addressed?

Answer 14

All protests filed with the agency should be addressed to the contracting officer or other official designated to receive protests.

Question 15

What action must a contracting officer take upon receipt of a protest within 10 days after contract award?

Answer 15

The contracting officer shall immediately suspend performance pending resolution of the protest within the agency.

Question 16

Who must approve the justification for contract award during a protest according to FAR 33.104?

Answer 16

The justification or determination must be approved at a level above the contracting officer or by another official pursuant to agency procedures.

Question 17

What is the time frame within which agencies should resolve protests according to FAR 33.103(g)?

Answer 17

Agencies shall make their best efforts to resolve agency protests within 35 days after the protest is filed.

Question 18

What must occur upon receipt of a protest before contract award according to FAR 33.104?

Answer 18

A contract may not be awarded pending agency resolution of the protest unless justified in writing for urgent and compelling reasons or determined to be in the best interest of the Government.

Question 19

What is required of a protester after filing a protest with the GAO?

Answer 19

A protester is required to furnish a copy of its complete protest to the official designated in the solicitation or to the contracting officer, so it is received no later than 1 day after the protest is filed with the GAO.

Question 20

What is the timeframe for the agency to submit a complete report to the GAO after a protest is filed?

Answer 20

The agency shall submit a complete report to the GAO within 30 days after the GAO notifies the agency by telephone that a protest has been filed.

Question 21

What must the procuring agency provide to actual or prospective offerors upon request when a protest is filed?

Answer 21

The procuring agency shall provide actual or prospective offerors reasonable access to the protest file in accordance with any applicable protective orders.

Question 22

What must the agency do immediately after receiving notice of a protest filed with the GAO?

Answer 22

The agency shall give notice of the protest to the contractor if the award has been made, or to all parties who appear to have a reasonable prospect of receiving award if the protest is denied.

Question 23

What must the agency provide at least 5 days prior to filing the report if the protester has requested specific documents?

Answer 23

The agency shall provide to all parties and the GAO a list of those documents, or portions of documents, that the agency has released to the protester or intends to produce in its report, and those documents that the agency intends to withhold from the protester and the reasons for the proposed withholding.

Question 24

What may happen if a protester fails to furnish a complete copy of the protest within 1 day?

Answer 24

The GAO may dismiss the protest if the protester fails to furnish a complete copy of the protest within 1 day.

Question 25

What must agencies provide to the GAO regarding a protest?

Answer 25

Agencies shall furnish the GAO with the name, title, and telephone number of one or more officials knowledgeable about the subject matter of the protest.

Question 26

What is required before a contract can be awarded when a protest is filed before the award?

Answer 26

A contract may not be awarded unless authorized by the head of the contracting activity, on a nondelegable basis.

Question 27

What action must a contracting officer take upon receiving notice of a protest after contract award?

Answer 27

The contracting officer shall immediately suspend performance or terminate the awarded contract.

Question 28

What is the time frame for a protest notice to affect a contract awarded?

Answer 28

The agency must receive notice of a protest from the GAO within 10 days after contract award or within 5 days after a required debriefing date.

Question 29

What must a Contracting Officer do if they receive an agency protest 8 days after contract award?

Answer 29

Immediately suspend performance.

Question 30

What are the procedures in place when the Government and a contractor have disagreements relating to a contract?

Answer 30

There are procedures regarding claims and appeals.

Question 31

What is the definition of a Claim according to FAR 2.101?

Answer 31

A Claim is 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.

Question 32

What constitutes a Misrepresentation of Fact according to FAR 33.201?

Answer 32

A Misrepresentation of Fact is a false statement of substantive fact, or any conduct which leads to the belief of a substantive fact material to proper understanding of the matter in hand, made with intent to deceive or mislead.

Question 33

How does FAR 33.201 define Alternative Disputes Resolution (ADR)?

Answer 33

Alternative Disputes Resolution (ADR) is defined as any type of procedure or combination of procedures voluntarily used to resolve issues in controversy, which may include conciliation, facilitation, mediation, fact-finding, minitrials, arbitration, and use of ombudsmen.

Question 34

What is an Issue in Controversy as defined by FAR 33.201?

Answer 34

An Issue in Controversy is a material disagreement between the Government and the contractor that may result in a claim or is all or part of an existing claim.

Question 35

What does Accrual of a Claim refer to in FAR 33.201?

Answer 35

Accrual of a Claim refers to the date when all events that fix the alleged liability of either the Government or the contractor and permit assertion of the claim were known or should have been known.

Question 36

What is the Government’s policy according to FAR 33.204 regarding contractual issues?

Answer 36

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

Question 37

What are some provisions included in the Disputes statute?

Answer 37

The Disputes statute provides for the payment of interest on contractor claims, certification of contractor claims, and a civil penalty for fraudulent claims or those based on misrepresentation of fact.

Question 38

What does FAR 33.202 establish regarding disputes?

Answer 38

FAR 33.202 establishes procedures and requirements for asserting and resolving claims subject to the Disputes statute.

Question 39

What should be done before the submission of a claim according to FAR 33.204?

Answer 39

Reasonable efforts should be made to resolve controversies prior to the submission of a claim.

Question 40

What must a contractor do for claims exceeding $100,000?

Answer 40

For claims exceeding $100,000, the contractor must certify the claim.

Question 41

Who can execute the certification for a contractor’s claim?

Answer 41

The certification may be executed by any person authorized to bind the contractor with respect to the claim.

Question 42

What is the time limit for a contractor to submit a claim to the contracting officer?

Answer 42

A contractor must submit a claim in writing to the contracting officer within 6 years after accrual of a claim, unless a shorter time period is agreed upon.

Question 43

What is the time frame for a contracting officer to issue a written decision on a Government claim against a contractor?

Answer 43

The contracting officer shall issue a written decision within 6 years after accrual of the claim, unless a shorter time period is agreed upon by the contracting parties.

Question 44

What procedures are contracting officers authorized to use to resolve claims according to FAR 33.214?

Answer 44

Contracting officers are authorized to use Alternative Dispute Resolution (ADR) procedures to resolve claims.

Question 45

When does the Government start paying interest on a contractor’s claim according to FAR 33.208(a)?

Answer 45

The Government shall pay interest on a contractor’s claim from the date the contracting officer receives the claim or from the date payment would otherwise be due, if that date is later, until the date of payment.

Question 46

What steps must a contracting officer take when a claim cannot be satisfied by mutual agreement according to FAR 33.211?

Answer 46

The contracting officer must review the facts, consult with legal, and coordinate with the contract administration office.

Question 47

What authority do contracting officers have regarding claims under the Disputes statute according to FAR 33.210?

Answer 47

Contracting officers are authorized to decide or resolve all claims arising under or relating to a contract subject to the Disputes statute, within any specific limitations of their warrants.

Question 48

What does the Disputes statute authorize agencies to require from contractors regarding contract performance pending a final resolution of a claim?

Answer 48

The Disputes statute authorizes agencies to require a contractor to continue contract performance in accordance with the contracting officer’s decision, even if the claim is disputed.

Question 49

What is the time frame for a contractor to appeal to the United States Court of Federal Claims after receiving the Contracting Officer’s Final Decision (COFD)?

Answer 49

A contractor may appeal to the United States Court of Federal Claims within 12 months of receiving the COFD.

Question 50

What is the time frame for a contractor to appeal to the agency board of contract appeals after receiving the Contracting Officer’s Final Decision (COFD)?

Answer 50

A contractor may appeal to the agency board of contract appeals within 90 days of receiving the COFD.