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Title 48 Part 1833

Title 48 → Chapter 18 → Subchapter E → Part 1833

Electronic Code of Federal Regulations e-CFR

Title 48 Part 1833

e-CFR data is current as of November 15, 2018

Title 48Chapter 18Subchapter E → Part 1833


Title 48: Federal Acquisition Regulations System


PART 1833—PROTESTS, DISPUTES, AND APPEALS


Contents

Subpart 1833.2—Disputes and Appeals

1833.215   Contract clause.

Authority: 51 U.S.C. 20113(a) and 48 CFR chapter 1.

Source: 61 FR 55771, Oct. 29, 1996, unless otherwise noted.

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Subpart 1833.1—Protests

1833.103   Protests to the agency.

(d)(4) The provision at 1852.233-70 provides for an alternative to a protest to the United States Government Accountability Office (GAO). This alternative gives bidders or offerors the ability to protest directly to the contracting officer (CO) or to request an independent review by the Assistant Administrator for Procurement (or designee). The Agency review shall be deemed to be at the CO level when the request is silent as to the level of review desired. The Agency review shall be deemed to be at the level of the Assistant Administrator for Procurement (or designee) when the request specifies a level above the CO, even if the request does not specifically request an independent review by the Assistant Administrator for Procurement. Such reviews are separate and distinct from the Ombudsman Program described at 1815.7001.

(e) 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 GAO prior to receipt of an Agency protest decision.

(4) When a bidder or offeror submits an Agency protest to the CO or alternatively requests an independent review by the Assistant Administrator for Procurement, the decision of the CO or the Assistant Administrator for Procurement shall be final and is not subject to any appeal or reconsideration within NASA.

[80 FR 36721, June 26, 2015]

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1833.106-70   Solicitation provision.

The contracting officer shall insert the provision at 1852.233-70 in all solicitations.

[62 FR 11108, Mar. 11, 1997, as amended at 80 FR 36722, June 26, 2015]

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Subpart 1833.2—Disputes and Appeals

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.

[61 FR 55771, Oct. 29, 1996, as amended at 80 FR 36722, June 26, 2015]

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