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Protests & Disputes Robert Sebold and Jason Morgan DLA Counsel-Aviation August 2014

Protests & Disputes Robert Sebold and Jason Morgan DLA Counsel-Aviation August 2014. Written Complaint Regarding a Procurement Can Anybody Protest? Must be an Actual or Prospective Offeror with a Direct Economic Interest in the Procurement. What is a Protest?.

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Protests & Disputes Robert Sebold and Jason Morgan DLA Counsel-Aviation August 2014

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  1. Protests & Disputes Robert Sebold and Jason Morgan DLA Counsel-Aviation August 2014

  2. Written Complaint Regarding a Procurement Can Anybody Protest? Must be an Actual or Prospective Offeror with a Direct Economic Interest in the Procurement What is a Protest?

  3. The Deficit Reduction Act of 1984 Competition in Contracting Act (CICA): Goal was greater use of Competitive Procedures “shining the light of publicity on the procurement process” To ensure that federal procurements are conducted reasonably and in accordance with applicable statutes and regulations. Why Does the Government have a Protest System?

  4. Contracting Officer Agency-Level in Accordance with Executive Order 12979 Government Accountability Office 3 Different Types of Protests

  5. Purpose of the Stay is to maintain a “status quo” Pre-Award: Can’t make the Award Post-Award: The 10/5 Rule Protest received within 10 days of award or within 5 days of a timely requested and required debriefing. CICA STAY (i.e., the stop work order)

  6. Is the solicitation/award in accordance with law/regulation? Is the Agency action reasonable? Nature of Protest Review:

  7. CO or Agency-Level Protest: Usually a decision on the Protest (alternately an override) GAO Protests: Either a decision on the protest (takes up to 100 days) or a stay override by Head of Contracting Activity (based on either Urgency or Best Interests of Government) How is a Stay lifted?

  8. What is Not Protestable • Contract Administration. The protest review is the reasonableness of the contracting officer’s award decision – the contracting officer is entitled to rely upon the representation of the offeror. HOWEVER: if something is not right: the contracting officer wants to know (i.e., we want to get it right).

  9. Other Types of Protests • Small Business Size-Status Challenges • NAICS Code Challenges

  10. Disputes • Governed by FAR 52.233-1 • Rare • Typically Resolved Informally by the Contracting Officer • Formalized by the Submission of a Claim

  11. Claims • Must be submitted within 6 years of when the claim accrued. • Contractor has a duty to proceed. See FAR 52.233-1(i).

  12. Disputes Process Submit Claim 60 Days C.O. Decision 12 Months 90 Days Court of Federal Claims Boards of Contract Appeals 60 Days Court of Appeals for the Federal Circuit 120 Days Supreme Court of the United States

  13. Contact Information • Robert Sebold: robert.sebold@dla.mil • Jason Morgan: jason.morgan@dla.mil

  14. DEFENSE LOGISTICS AGENCY AMERICA’S COMBAT LOGISTICS SUPPORT AGENCY WARFIGHTER SUPPORT STEWARDSHIP EXCELLENCE WORKFORCE DEVELOPMENT

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