48 CFR Part 833 — Protests, Disputes, and Appeals

PART 833—PROTESTS, DISPUTES, AND APPEALS Authority: 40 U.S.C. 121(c); 41 U.S.C. 1121(c)(3); 41 U.S.C. 1702; 41 U.S.C. chapter 71; and 48 CFR 1.301-1.304. Source: 83 FR 46416, Sept. 13, 2018, unless otherwise noted. Subpart 833.1—Protests 833.103-70 Protests to VA. (a) Agency protests. (1) Protests to the contracting officer. (2) Independent review or appeal of a contracting officer decision—protest filed directly with the agency. (ii) The protest and pertinent documents shall be mailed to the address in paragraph (a)(2)(i) of this section or sent electronically to: EDProtests@va.gov. (3) An independent review of a protest filed pursuant to paragraph (a)(2) of this section will not be considered if the interested party has a protest on the same or similar issues pending with the contracting officer. (b) Agency actions on specific types of protests. (1) Contract administration. (2) Small business size standards and standard industrial classification. (3) Small business certificate of competency program. (4) Protests under section 8(a) of the Small Business Act. (5) Affirmative determination of responsibility by the contracting officer. (6) Contracts for materials, supplies, articles, and equipment exceeding $15,000. (7) Subcontractor protests. (8) Judicial proceedings. (c) Alternative dispute resolution. (d) Appeal of contracting officer's protest decision—agency appellate review. (1) To be considered timely, the appeal must be received by the cognizant official in paragraph (a)(2) of this section within 10 calendar days of the date the interested party knew, or should have known, whichever is earlier, of the basis for the appeal. (2) Appeals do not extend the Government Accountability Office's (GAO) timeliness requirements for protests to GAO. By filing an appeal as provided in this paragraph (d), an interested party may waive its rights to further protest to the Comptroller General at a later date. (3) Agency responses to appeals submitted to the agency shall be reviewed and concurred in by the Office of the General Counsel (OGC). 833.106-70 Solicitation provisions. (a) The contracting officer shall insert the provision at 852.233-70, Protest Content/Alternative Dispute Resolution, in solicitations expected to exceed the simplified acquisition threshold, including those for commercial items. (b) The contracting officer shall insert the provision at 852.233-71, Alternate Protest Procedure, in solicitations expected to exceed the simplified acquisition threshold, including those for commercial items. Subpart 833.2—Disputes and Appeals 833.209 Suspected fraudulent claims. The contracting officer must refer matters relating to suspected fraudulent claims to the Office of Inspector General for investigation and potential referral to the Department of Justice. The contracting officer may not initiate any collection, recovery, or other settlement action while the matter is in the hands of the Department of Justice without first obtaining the concurrence of the U.S. Attorney concerned, through the Office of the Inspector General. 833.211 Contracting officer's decision. (a) For purposes of appealing a VA contracting officer's final decision, the Board of Contract Appeals referenced in FAR 33.211(a) and elsewhere in this subpart is the Civilian Board of Contract Appeals (CBCA), 1800 F Street NW, Washington, DC 20405. 833.213 Obligation to continue performance. (a) As provided in FAR 33.213, contracting officers shall use FAR clause 52.233-1, Disputes, or with its Alternate I. FAR clause 52.233-1 requires the contractor to continue performance in accordance with the contracting officer's decision in the event of a claim arising under relating (b) In the event of a dispute not arising under, but relating to, the contract, as permitted by FAR 33.213(b), if the contracting officer directs continued performance and considers providing financing for such continued performance, the contracting officer shall contact OGC for advice prior to requesting higher level approval for or authorizing such financing. The contracting officer shall document in the contract file any required approvals and how the Government's interest was properly secured with respect to such financing (see FAR 32.202-4 and VAAR subpart 832.2). 833.214 Alternative dispute resolution (ADR). Contracting officers and contractors are encouraged to use alternative dispute resolution (ADR) procedures. Guidance on ADR may be obtained at the U.S. Civilian Board of Contract Appeals website: http://www.cbca.gsa.gov. 833.215 Contract clauses. The contracting officer shall use the clause at 52.233-1, Disputes, or with its Alternate I (see 833.213).

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