48 CFR Part 733 — Protests, Disputes, and Appeals

PART 733—PROTESTS, DISPUTES, AND APPEALS Authority: Sec. 621. Pub. L. 87-195, 73 Stat. 445 (22 U.S.C. 2381), as amended: E.O. 12163, Sept. 29, 1979, 44 FR 56673, 3 CFR, 1979 Comp. p. 435. Subpart 733.1—Protests Source: 61 FR 39094, July 26, 1996, unless otherwise noted. 733.101 Definitions. (a) All “days” referred to in this subpart are deemed to be “calendar days”, in accordance with (48 CFR) FAR 33.101. In the case of USAID overseas offices with non-Saturday/Sunday weekend schedules, the official post weekend applies in lieu of Saturday and Sunday. (b) All other terms defined in (48 CFR) FAR 33.101 are used herein with the same meaning. [61 FR 39094, July 26, 1996, as amended at 64 FR 42042, Aug. 3, 1999; 79 FR 74988, Dec. 16, 2014] 733.103-70 Protests to the agency. USAID follows the agency protest procedures in (48 CFR) FAR 33.103, as supplemented by this section. [61 FR 39094, July 26, 1996, as amended at 79 FR 74988, Dec. 16, 2014] 733.103-71 Filing of protest. (a) Protests must be in writing and addressed to the contracting officer for consideration by the M/OAA Director. (b) A protest shall include, in addition to the information required in (48 CFR) FAR 33.103(d)(2), the name of the issuing Mission or office. (c) Material submitted by a protester will not be withheld from any interested party outside the Government or from any Government agency if the M/OAA Director decides to release such material, except to the extent that the withholding of such information is permitted or required by law or regulation. [61 FR 39094, July 26, 1996; 61 FR 51235, Oct. 1, 1996, as amended at 64 FR 42040, Aug. 3, 1999; 72 FR 19670, Apr. 19, 2007; 79 FR 74988, Dec. 16, 2014] 733.103-72 Responsibilities. (a) M/OAA Director. (b) Contracting officer. [61 FR 39094, July 26, 1996; 61 FR 51235, Oct. 1, 1996, as amended at 64 FR 42040, Aug. 3, 1999; 72 FR 19670, Apr. 19, 2007; 79 FR 74988, 74996, Dec. 16, 2014] 733.103-73 Protests excluded from Agency consideration. (a) Contract administration. (b) Small business size standards and standard industrial classification. (c) Procurement under Section 8(a) of the Small Business Act. (d) Protests filed in the Government Accountability Office (GAO). (e) Procurements funded by USAID to which USAID is not a party. (f) Subcontractor protests. (g) Judicial proceedings. (h) Determinations of responsibility by the contracting officer. (i) Small Business Certificate of Competency Program. [61 FR 39094, July 26, 1996, as amended at 64 FR 42040, Aug. 3, 1999; 72 FR 19670, Apr. 19, 2007; 79 FR 74988, 74996, Dec. 16, 2014] Subpart 733.27—USAID Procedures for Disputes and Appeals 733.270 Designation of Civilian Board of Contract Appeals (CBCA) to hear and determine appeals under USAID contracts. (a) The Civilian Board of Contract Appeals (CBCA) was established by section 847 of the National Defense Authorization Act for Fiscal Year 2006 to hear and decide contract disputes between Government contractors and executive civilian agencies under the provisions of the Contract Disputes Act of 1978, 41 U.S.C. 7101-7109, and regulations and rules issued under that statute. The CBCA is USAID's board for hearing and deciding appeals to contracting officer decisions. (b) USAID must follow CBCA Rules of Procedure (see www.cbca.gsa.gov (c) The Office of the General Counsel's Division of Litigation and Enforcement (GC/LE) will assure representation of the interests of the Government in proceedings before the CBCA. (d) All officers and employees of USAID must cooperate with the CBCA and GC/LE in the processing of appeals so as to assure their speedy and just determination. [79 FR 74996, Dec. 16, 2014]

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