Part 33 Protests Dispute and Appeals

Question 1

What is a Protest?

Answer 1

written objection by an interested party

Question 2

What is an interested party?

Answer 2

an actual or prospective offeror whose direct economic interest would be affected by the award of a contract or by failure to award.

Question 3

What is a day in a protest?

Answer 3

A calendar day

Question 4

What does filed mean?

Answer 4

complete receipt of any document by an agency before it’s close of business. 4:30 PM of the time zone of the agency.

Question 5

What is an agency protest?

Answer 5

Protesting to the CO

Question 6

What is the timeliness of an agency protest on solicitation?

Answer 6

filed before the bid opening or the closing date of the receipt of proposals.

Question 7

All other agency protests?

Answer 7

no later than 10 days after the basis of protest is know or should have been known.

Question 8

Can the award be made if you have a protest?

Answer 8

No

Question 9

How many days do they get after award?

Answer 9

10 days after award or 10 days after debriefing and CO shall immedialely suspend performance.

Question 10

How many days shall agencies make their best efforts to resolve agency protests?

Answer 10

35 days

Question 11

What can an offeror do if an agency protest is denied?

Answer 11

request an independent review by the SCO.

Question 12

The protest file should contain what from the CO?

Answer 12

Contracting Officer Statement of Facts and the decision letter.

Question 13

What is a GAO protest?

Answer 13

An offeror goes to GAO instead of the agency

Question 14

Are GAO and agency timelines the same?

Answer 14

Yes

Question 15

If a protest is made through GAO within 10 days of award?

Answer 15

CO must immediately suspend performance

Question 16

If a protest is received by GAO 10 days after award?

Answer 16

CO need not suspend contract performance or terminate award.

Question 17

How many days does the agency get after a GAO protest?

Answer 17

100 days

Question 18

What is a claim?

Answer 18

a written demand for money or other contract releif

Question 19

What happens if a claim is over $100K?

Answer 19

Must be certified
Submitted in good faith
Complete and accurate
Amount requested reflects adjustment for which the government is liable
Written by a person authorized to certify on behalf of the contractor

Question 20

What happens if a claim seeks more than $2M?

Answer 20

CCOPD is required if no exception applies.

Question 21

What are the CO’s action on a claim?

Answer 21

Review facts pertinent to the claim
Obtain legal assistance
Coordinate with ACO officer
Prepare Written Decision

Question 22

What does a written decision include?

Answer 22

Description of claim or dispute
Reference pertinent contract terms
Statement of factual areas of agreement or disagreement
Include supporting rationale
must include “this is the final decision of the contracting officer”

Question 23

What can the KTR do if they disagree with the CO’s final decision?

Answer 23

Appeal to either Armed Services Board of Contract Appeals (90 Days from RO final decision)
OR
US Court of Federal Claims (within 12 months)

Question 24

What is the KTR entitled to if the appeal is decided in the KTR’s favor?

Answer 24

interest