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Protesting Government Contracts And Procedure For Disputes Thereof

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QUESTIONS:
1. Who may protest a government solicitation or contract for the procurement of property or services? When a contractor protests to a federal agency, what information must be included in the protest?
2. Define Corporate Administrative Contracting Officer (CACO). When is it appropriate to assign a CACO to administer a government contract?
3. What is the purpose of Alternative Disputes Resolution (ADR) and what are the essential elements of Alternative Disputes Resolution?
4. What are the duties of the termination contracting office (TCO) after issuance of notice of termination?
5. Which contracting office is responsible for closing out contract files? What does the administrative closeout process include?

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Solution Summary

A discussion on how government contracts are awarded, whom may dispute them, how the process works and the roles of various involved parties is examined.

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1) Any actual bidder, prospective bidder or offeror whose direct economic interest could be affected either by the award of a contract, or by the failure to award a contract, may protest a government solicitation or contract for the procurement of property or services. In addition to protesting a solicitation, this party may also protest the cancellation of the solicitation or other request, protest an award or proposed award of a contract. This party may also protest a termination of a contract by pointing to improprieties in the award.

When a contractor protests to a federal agency, the following information must be included in the protest:
• Include the protester's; name, street address, electronic mail address, and telephone and facsimile numbers,
• Contain the signature of the protester or its representative,
• The agency and the solicitation and/or contract number,
• A detailed statement of the legal and factual grounds of protest including copies of relevant documents,
• All information establishing that the protester is an actual bidder or prospective bidder for the purpose of filing a protest,
• All information establishing the timeliness of the protest,
• Specifically request a ruling by the Comptroller General of the United States, and
• State the form of relief requested.
In addition, a protest filed with the Government Accountability Office (GAO) may:
• Request a protective order,
• Request specific documents, explaining the relevancy of the documents to the protest grounds, and
• Request a hearing, explaining the reasons that a hearing is needed to resolve the protest.

http://www.gao.gov/legal/bids/bibreg.html

2) The CACO is defined as the administrative ...

Solution provided by:
J Pye, MSc
Education
  • MSc, California State Polytechnic University, Pomona
  • MBA, University of California, Riverside
  • BSc, California State Polytechnic University, Pomona
  • BSc, California State Polytechnic University, Pomona
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