Army 5152.233-5900 AGENCY PROTEST PROGRAM Basic (Aug 2011)

This clause has not been authorized for official release. We recommend deferring to the text of the clause in your RFP or contract.
As prescribed in AI 5133.106-100, insert provision 5152.233-5900, Agency Protest Program, in all solicitations.

AGENCY PROTEST PROGRAM

(a) This solicitation may be protested to the issuing Contracting Office for decision by the Contracting Officer or by the Chief of the Regional Contracting Center if authority has been withheld. If requested, an independent review of an Agency Protest decision is available through appeal to the Principal Assistant Responsible for Contracting (PARC)/Senior Contracting Official (SCO) in accordance with FAR 33.103. A protest to C-JTSCC is a PROTEST TO THE AGENCY, within the meaning of FAR 33.103. The C-JTSCC Agency Protest Program is intended to encourage interested parties to seek resolution of their concerns within C-JTSCC, rather than filing a protest with the Government Accountability Office (GAO) or other external forum. After an interested party files an Agency Protest with the Contracting Officer and while that protest is pending, the protestor agrees not to file a protest with the GAO or other external forum. If a protest is filed with an external forum on the same solicitation as the Agency Protest, the Agency Protest will be dismissed.

(b) An interested party may file a written protest to the Contracting Officer under the C-JTSCC Agency Protest program for contract solicitations issued by C-JTSCC. Such Agency Protests are limited to objections to any of the following:

    (1) A solicitation or other request by an agency for offers for a contract for the procurement of property or services.

    (2) The cancellation of the solicitation or other request.

    (3) An award or proposed award of the contract.

    (4) A termination or cancellation of an award of the contract, if the written objection contains an allegation that the termination or cancellation is based in whole or in part on improprieties concerning the award of the contract.

(c) An Executive-Level Agency protest may be filed with the Contracting Officer designated in paragraph (f) of this provision for resolution of protests.

(d) For the purpose of filing a C-JTSCC Agency Protest, an interested party means an actual or prospective bidder or offeror whose direct economic interest would be affected by the award of a contract or by the failure to award a contract.

(e) An Agency Protest must include the protester's name, address and telephone number, including fax number or e-mail address; the solicitation or contract number, identity of the contracting activity and the Contracting Officer's name; a detailed statement of all legal and factual grounds for protest (mere disagreement with the decisions of Contracting Officers does not constitute grounds for protest), including copies of all relevant documents; a request for a ruling; and, a request for relief. All protests must be signed by an authorized representative of the protester and must state it is an Agency Protest for decision by the Contracting Officer.

(f) C-JTSCC Agency Protests, as defined in FAR 33.101, may be served on the Contracting Officer (addressed as follows) by obtaining written and dated acknowledgment of receipt from [ fill in].

(End)
 

NONE

Subcontractor ✖ Contracts ✖ 

52.204-9 Personal Identity Verification of Contractor Personnel.

52.207-3 Right of First Refusal of Employment.

52.222-46 Evaluation of Compensation for Professional Employees.

52.224-1 Privacy Act Notification.

52.224-2 Privacy Act.

52.232-23 Assignment of Claims.

52.232-24 Prohibition of Assignment of Claims.

52.232-39 Unenforceability of Unauthorized Obligations.

52.233-1 Disputes.

52.233-2 Service of Protest.

52.233-4 Applicable Law for Breach of Contract Claim.

52.242-13 Bankruptcy.

52.242-5 Payments to Small Business Subcontractors.

52.243-4 Changes.

52.248-1 Value Engineering.

52.248-3 Value Engineering—Construction.

52.203-18 Prohibition on Contracting with Entities that Require Certain Internal Confidentiality Agreements or Statements-Representation.

52.224-3 Privacy Training.

52.216-32 Task-Order and Delivery-Order Ombudsman.

252.235-7004 Protection of Human Subjects.

1852.231-70 Precontract Costs.

5252.215-9505 EXCLUSIVE TEAMING ARRANGEMENTS WHICH INHIBIT COMPETITION (NAVAIR)

5252.233-9500 PROTEST/APPEAL FILED WITH THE NAVAL AIR SYSTEMS COMMAND (NAVAIR)

3052.205-70 Advertisements, Publicizing Awards, and Releases.

3052.235-70 Dissemination of information - educational institutions.

5152.233-4703 AMC-LEVEL PROTEST PROGRAM

552.215-73 Notice.

552.232-78 Commercial Supplier Agreements –Unenforceable Clauses.

552.238-73 Cancellation.

552.241-70 Availability of Funds for the Next Fiscal Year or Quarter.

552.241-71 Disputes (Utility Contracts).

652.206-70 Advocate for Competition/Ombudsman.

652.243-70 Notices.

752.222-70 USAID disability policy.

752.231-71 Salary supplements for HG employees.

752.236-70 Standards for accessibility for the disabled in USAID construction contracts.

952.203-70 Whistleblower protection for contractor employees.

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