Part 33 Protests Dispute and Appeals Flashcards
What is a Protest?
written objection by an interested party
What is an interested party?
an actual or prospective offeror whose direct economic interest would be affected by the award of a contract or by failure to award.
What is a day in a protest?
A calendar day
What does filed mean?
complete receipt of any document by an agency before it’s close of business. 4:30 PM of the time zone of the agency.
What is an agency protest?
Protesting to the CO
What is the timeliness of an agency protest on solicitation?
filed before the bid opening or the closing date of the receipt of proposals.
All other agency protests?
no later than 10 days after the basis of protest is know or should have been known.
Can the award be made if you have a protest?
No
How many days do they get after award?
10 days after award or 10 days after debriefing and CO shall immedialely suspend performance.
How many days shall agencies make their best efforts to resolve agency protests?
35 days
What can an offeror do if an agency protest is denied?
request an independent review by the SCO.
The protest file should contain what from the CO?
Contracting Officer Statement of Facts and the decision letter.
What is a GAO protest?
An offeror goes to GAO instead of the agency
Are GAO and agency timelines the same?
Yes
If a protest is made through GAO within 10 days of award?
CO must immediately suspend performance
If a protest is received by GAO 10 days after award?
CO need not suspend contract performance or terminate award.
How many days does the agency get after a GAO protest?
100 days
What is a claim?
a written demand for money or other contract releif
What happens if a claim is over $100K?
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
What happens if a claim seeks more than $2M?
CCOPD is required if no exception applies.
What are the CO’s action on a claim?
Review facts pertinent to the claim
Obtain legal assistance
Coordinate with ACO officer
Prepare Written Decision
What does a written decision include?
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”
What can the KTR do if they disagree with the CO’s final decision?
Appeal to either Armed Services Board of Contract Appeals (90 Days from RO final decision)
OR
US Court of Federal Claims (within 12 months)
What is the KTR entitled to if the appeal is decided in the KTR’s favor?
interest
