PART 1833
PROTESTS, DISPUTES, AND APPEALS

TABLE OF CONTENTS

SUBPART        1833.1         PROTESTS
1833.103                                 Protests to the agency.
1833.104                                 Protests to GAO.
1833.106                                 Solicitation provision and contract clause.
1833.106-70                            Solicitation provision.

SUBPART        1833.2         DISPUTES AND APPEALS
1833.209                                 Suspected fraudulent claims.
1833.210                                 Contracting officer's authority.
1833.211                                 Contracting officer's decision.
1833.215                                 Contract clause.

 

PART 1833
PROTESTS, DISPUTES, AND APPEALS

Subpart 1833.1--Protests

1833.103   Protests to the agency.

   (c) An independent review under the provision at 1852.233-70 is available as an alternative to a protest to the contracting officer, but not as an appeal of a protest decision. All independent reviews shall be conducted by the Assistant Administrator for Procurement or designee. Such reviews are different from the Ombudsman Program described at 1815.7001.

   (d) NASA shall summarily dismiss and take no further action upon any protest to the Agency if the substance of the protest is pending in judicial proceedings or the protester has filed a protest on the same acquisition with the United States General Accounting Office prior to receipt of an Agency protest decision.

       (4) When a potential bidder or offeror submits an Agency protest to NASA to the contracting officer or alternatively requests an independent review, the decision of the contracting officer or the independent review official shall be final and is not subject to any appeal or reconsideration within NASA.

   (f) Protests received at NASA offices or locations other than that of the cognizant contracting officer shall be immediately referred to the contracting officer for disposition (see 1833.106(a)).  The contracting officer shall advise the Headquarters Offices of Procurement (Code HS) and the General Counsel (Code GK) of the receipt of the protest and the planned and actual disposition.  This paragraph does not apply when the protester has requested an independent review under the provision at 1852.233-70.

(1) The Assistant Administrator for Procurement (Code HS) is the approval authority for contract award.

       (3)The Assistant Administrator for Procurement (Code HS) is the approval authority for authorizing continued contract performance.

1833.104   Protests to GAO.
   The Assistant Administrator for Procurement is the sole authority for deciding whether to defend a protest to GAO or to direct remedial action. NASA personnel shall take no action to respond to or resolve any protest filed with GAO other than in accordance with this part and other guidance provided by NASA Headquarters.
   (a)(2) The Headquarters Office of Procurement (Code HS) shall notify the contracting officer of protest receipt, and the contracting officer shall immediately give notice of the protest to all interested parties. Oral contracting officer notices shall be subsequently confirmed in writing, and the contracting officer shall also send a copy of the written confirmation to Code HS, the Headquarters Office of the General Counsel (Code GK), and the installation Chief Counsel.
   (3)(i) The contracting officer shall send four copies of the protest report, consisting of the protest file, the contracting officer's statement of facts, and a draft memorandum of law to Code GK within 20 days after GAO notification of protest receipt. Also include a copy of the file index in electronic format. The contracting officer shall retain a minimum of two copies of the protest file.
      (ii)  When an actual or prospective offeror requests access to a protest file, the contracting officer shall take the following actions, except (a) and (b) are not required if already accomplished:
               (aSend a copy of the protest file index to Code GK within 10 days of receipt of the request.
             (bSend a copy of the protest file to Code GK within 15 days of receipt of the request.
             (cWith Code GK concurrence, send the protest file and index to the requesting party to ensure delivery within 20 days after receipt of the request.
        (iv)Code GK shall submit the protest file to GAO.
   (4)(i) Code GK shall provide copies of the report to the protestor(s), any intervenors, and the installation Chief Counsel.
   (b)(1) The Assistant Administrator for Procurement (Code HS) is the approval authority for contract award.
   (c)(1) The contracting officer shall consult Code HS before terminating a protested contract.
        (2) The Assistant Administrator for Procurement (Code HS) is the approval authority for authorizing contract performance.
   (f) The Agency may request GAO reconsideration of its decision within 10 days of issuance. If reconsideration is appropriate, the installation Chief Counsel shall forward a draft request for reconsideration, with any additional supporting documentation, to Code GK within 6 days of issuance of the GAO decision.

1833.106 Solicitation provision and contract clause.
   (a) The contracting officer shall be the designated recipient of Agency protests in paragraph (a) of the provision at FAR 52.233-2.

1833.106-70 Solicitation provision.
   Contracting officers shall insert the provision at 1852.233-70 in all solicitations.

Subpart 1833.2--Disputes and Appeals

1833.209 Suspected fraudulent claims.
   The contracting officer shall report suspected fraudulent claims to the Headquarters Offices of Inspector General (Code W) and the General Counsel (Code G).

1833.210 Contracting officer's authority.
   See NASA Policy Directive 2010.2 on use of Alternative Dispute Resolution.

1833.211 Contracting officer's decision.
   (a)(4)(v) The Armed Services Board of Contract Appeals is the NASA Administrator's authorized representative for hearing appeals of contracting officer final decisions. Accordingly, contracting officers shall cite that fact in the final decision letter, provide the Board's mailing address (Armed Services Board of Contract Appeals, Skyline Six, 5109 Leesburg Pike, Falls Church, VA 22041-3208), and include a notification that the Board's operating procedures appear in Part 48, Code of Federal Regulations, Chapter 2, Appendix A.

1833.215 Contract clause.
   The contracting officer shall use the clause at FAR 52.233-1, Disputes, with its Alternate I whenever continued performance is vital to national security, the public health and welfare, important agency programs, or other essential supplies or services whose timely reprocurement from other sources would be impracticable.