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FAR Part 33
Protests, Disputes and Appeals
28
Law
Professional
07/11/2011

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Term
The complete receipt of any document by an agency before its close of business, 4:30 p.m. local time.
Definition
Definition of Filed
Term
Interested Party for purposes of filing a protest:
Definition
An actual or prospective offeror whose direct economic interest would be affected by the award of a contract.
Term
A written objection by an interested party to:
1. a solicitation
2. cancellation of a soliciation
3. Award or proposed award of a contract
4. A termination or cancellation of an award if based on improprieties in award process.
Definition
Definition of Protest
Term
_____ will remain available 100 days after protest final ruling.
Definition
Funding
Term
___________ ______ shall consider all protests and seek legal advice when protests are submitted.
Definition
Contracting Officers
Term
For protests likely after award:
Definition
KO may stay performance within 10 days after contract award or 5 days after debriefing , whichever is later.
Term
Upon notice that a protest has been filed with GAO, the KO shall begin compiling information _____________.
Definition
Immediately
Term
When a protest file is made available to a prospective offeror, information exempt from discosure under 5 U.S.C. 552 can be ______ from the file.
Definition
Redacted
Term
The protest file shall include an index and these documents:
Definition
1. The protest
2. Offer submitted by protestor
3. Offer being protested
4. All relevent evaluation documents
5. Solicitation and specifications
6. Abstract of offerrors
7. Any other docs the agency determines are relevant
Term
A protest agency report to GAO shall include:
Definition
1. Protest file
2. KO's signed statement of relevant facts, findings and recommendations
3. A list of parties who received docs
Term
The GAO may issue protective orders which establish terms, conditions and restrictions for the provision of any document to an interested party. Protective orders prohibit or restrict disclosure of:
Definition
Procurement sensitive, trade secret, proprietary, development, commercial information.
Term
Requests for protective orders:
Definition
Shall be filed with GAO as soon as practicable after protest is filed.
Term
The protestor is required to furnish a copy of any comments on agency reports (to GAO) within ____ days, or ___ if express option is used, after receipt of the report with copies provided to the KO.
Definition
10, 5
Term
Protests before award:
Definition
When GAO receives protest directly, a contract may note be awarded un less authroized by the head of the contracting activity if urgent and compelling.
Term
When agency receives notice of a protests filed with GAO after the usual dates (10 days after award) the CO should _______________ the award.
Definition
Not terminate.
Term
Within ___ days after notification, the KO must submit a complete report to the GAO with copy to the protestor and interested parties.
Definition
30 (20 if using express option)
Term
The KO is barred from awarding a contract upon notification from the GAO of a _________.
Definition
Protest
Term
A written demand by one of the contracting parties seeking payment of money in a SUM CERTAIN, adjustment or interpretation of contract terms or other relief.
Definition
Claim
Term
A written demand by the contractor seeking payment of money exceeding $100,000 is not a claim until _______.
Definition
Certified (Contracts Dispute Act of 1978/FAR 33.207)
Term
Which Act establishes procedures for resolving claims?
Definition
The Contract Dispute Act of 1978
Term
Claims ____ states the claim is made in good faith, supporting data are accurate and complete and the amount requested accurately reflects the contract adjustment.
Definition
Certification (5 U.S.C. 575-580)
Term
When a claim cannot be settled by mutual agreement, the matter is resolved by issuance of a ___ ____ ___ ___.
Definition
Contracting officer's final decision (COFD) FAR 33.211
Term
A COFD is due to the contractor ___ days after certification (if one is required) or receipt of claim.
Definition
60 - failure to render a decision is deemed a denial of claim.
Term
What is ADR?
Definition
Alternative Dispute Resolution
Term
____ is any procedure used to resolve issues in controversy.
Definition
ADR
Term
Examples include Conciliation, facilitation, mediation, fact-finding, mini trial, arbitration, use of ombudsman.
Definition
What is ADR?
Term
A material disagreement between Gov and contractor that may result in a claim.
Definition
Issue in Controversy
Term
Used to increase inexpensive and expeditious resolution of issues in controversy. Used in lieu of formal litigation.
Definition
Alternative Dispute Resolution
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