|
Protest Decisions Listed
by Federal Acquisition Regulation (FAR) or Specific Law |
|
Link
to Decisions |
Listed by FAR
Section |
|
Class Deviations |
|
1.404 |
Class Deviations |
|
Contracting
Officers |
|
1.602-2 |
Responsibilities |
|
Definitions
of Words and Terms |
|
2.101 |
Definitions - Contract |
|
2.101 |
Definitions - Offer |
|
Improper
Business Practices and Personal Conflicts of Interest |
|
3.101 |
Standards of conduct
- Government independence, bias, lack of bias |
|
3.104-4
(b) |
Prohibition on
obtaining procurement information |
|
3.4 |
Contingent Fees |
|
3.501 |
Buying-in or below cost prices |
|
3.601 |
Contracts with Government Employees |
|
Administrative Matters |
|
4.11 |
New System for Award Management |
|
4.18 |
Commercial and Government Entity Code, Data Universal
Numbering System Number |
|
Publicizing
Contract Actions |
|
5.101 |
Disseminating
contract action information |
|
5.101 |
Offerors'
responsibility to obtain solicitation documents |
|
5.102 |
Availability of Solicitations |
|
5.2 |
Synopsis of Proposed Contract Actions, Publicizing and Response Time |
|
Competition
Requirements |
|
6.001 |
New
Competition: Modifications, beyond the scope |
|
6.102 |
Use of competitive procedures |
|
6.202 |
Establishment or maintaining alternative sources |
|
6.301 (c) |
Lack of advance planning |
|
6.302 |
New
Exceptions to Full and Open Competition |
|
6.302-1 (a) (2) (i) |
Unsolicited Proposals |
|
6.303 |
Justifications |
|
6.401 |
Preference for sealed
bidding |
|
Acquisition
Planning |
|
7.105 |
Content of
Acquisition Plans |
|
7.107 |
New
Bundling and
consolidation |
|
Required
Sources of Supplies and Services |
|
8.001 |
Priorities for use of Government supply
sources |
|
8.402 |
Federal Supply Schedules - Authorized
Price List |
|
8.404 |
New
Using Federal Supply Schedules |
|
8.405-2 |
Ordering procedures for services requiring a statement of work |
|
8.405-3 |
New
Blanket purchase agreements
|
|
8.405-6 |
Sole
Source Justification and Approval - Federal Supply Schedules |
|
8.700 |
Javits-Wagner-O'Day
Act |
|
Contractor
Qualifications |
|
9.103 |
Responsibility determination |
|
9.104-1 |
General standards of responsibility |
|
9.104-2 |
Special standards of responsibility |
|
9.108 |
Prohibition on contracting with
Inverted Domestic Corporations |
|
9.203 |
Qualified Products |
|
9.207 (a) |
Qualification Requirements, Change
in Ownership, Location, etc. |
|
9.400 |
Debarment, Suspension, and Ineligibility |
|
9.500 |
Organizational and Consultant Conflict of Interest |
|
Market Research |
|
10.002 |
Market Research Procedures |
|
Describing
Agency Needs |
|
11 |
New
Describing agency needs -
Ambiguity |
|
11 |
New
Describing agency needs - Latent ambiguity |
|
11 |
Describing agency needs -
Defective or inadequate
specifications and descriptions |
|
11.104 |
New
Brand name or equal |
|
11.002 (a) (1) |
Describing needs - restrictive provisions |
|
11.501 |
Liquidated
damages |
|
Acquisition
of Commercial Items |
|
12.101 |
New
Conducting market research to
determine whether commercial items or nondevelopmental items are
available |
|
12.102 |
Commercial item
acquisition: Commercial item determination |
|
12.301 |
Solicitation
provisions and contract clauses for the acquisition of
commercial items. |
|
12.302 |
Tailoring and use of FAR clauses |
|
12.403 |
Termination |
|
12.602 |
Streamlined
Evaluation of Offers |
|
Simplified
Acquisition Procedures |
|
13.0 |
Scope
of part |
|
13.101(b)1 |
"All-or-none" or "multiple award"
|
|
13.104 |
Promoting competition |
|
13.105 |
Synopsis and posting
requirements |
|
13.106-1(b) |
Soliciting from a single source |
|
13.106-2 |
New
Evaluation of quotations or offers |
|
13.303 |
Blanket Purchase Agreements |
|
13.5 |
New
Test for
certain commercial items |
|
Sealed
Bidding |
|
14.201 |
Patent ambiguity -
bidders duty to inquire |
|
14.201-8 |
Price related factors |
|
14.202-5 |
Descriptive literature |
|
14.208 |
New
Amendment -
Materiality |
|
14.208 (b) |
Bidding Time After Amendment |
|
14.208
(c) |
Same information
provided to all bidders |
|
14.304 |
Bidder's submission, modification, and withdrawal of
bids |
|
14.404-1 |
Cancellation of invitation for bids |
|
14.404-2 (a) |
Responsive in all
material respects |
|
14.404-2 (g) |
Materially unbalanced bid |
|
14.404-5 |
All or none bids |
|
14.405 |
Minor informalities
or irregularities in bids |
|
14.407 |
Mistakes in bid |
|
14.408 |
Equal Low Bids |
|
Contracting
by Negotiation |
|
15.101 |
Source
Selection Processes and Techniques |
|
15.102 |
Oral presentations |
|
15.206 (a) |
New
Changed requirements and/or solicitation amendment |
|
15.206
(e) |
New
Cancellation of
solicitation |
|
15.207 |
Handling proposals and information |
|
15.208 |
Submission of
proposals - Format and Substance |
|
15.208
(b) |
Submission of
proposals - Late |
|
15.209 (a) (2) |
Alternate proposals |
|
15.303 |
Evaluation team, Source Selection Plan |
|
15.304
(c) (1) |
Price or cost
evaluation factor requirement |
|
15.304
(d) |
Importance of factors
and significant subfactors in solicitation |
|
15.305 |
New
Unacceptable or
offers not in compliance with solicitation |
|
15.305 (a) |
New
Evaluation based
solely on factors and subfactors specified in solicitation |
|
15.305 (a) |
Rating method or combination of methods |
|
15.305 (a) (2) |
Past performance/Experience - General |
|
15.305 (a) (2) (ii) |
Past performance/Experience
- Relevance, problems encountered, corrective actions,
government consideration of sources |
|
15.305 (a) (2) (iii) |
New
Past performance/Experience - key personnel,
predecessor companies, subcontractors, teams, affiliates |
|
15.305 (a) (2)
(iv) |
Past performance
- Neutral rating |
|
15.305
(a) (3) |
New
Technical evaluation - evaluators' scoring |
|
15.305
(a) (3) |
Technical evaluation
- documentation |
|
15.305 (a) (3) |
Technical Evaluation - Key personnel - Bait and switch -
Material Misrepresentation - Letters of Commitment |
|
15.305 (a) (4) |
Cost information provided to members of the technical evaluation
team.
|
|
15.306 (a) |
Clarifications and award without discussions |
|
15.306 (a) (2) |
Clarification
- Government's duty to inquire |
|
15.306 (b) |
Communications with offerors
before establishment of the competitive range |
|
15.306 (b) (4) |
Past performance - opportunity to respond to adverse information |
|
15.306 (c) (1) (2) |
Competitive range |
|
15.306
(d) (1) |
Discussions - held
with each offeror within competitive range, disparate treatment,
tailored discussions |
|
15.306
(d) (3) |
New
Discussions -
meaningful or misleading |
|
15.306
(d) (4) |
Elimination from competitive range after
discussions |
|
15.306 (e) |
Discussions - Limits on exchanges, unequal |
|
15.307 |
Final proposal
revision |
|
15.308 |
New
Source selection/tradeoff
decision |
|
15.404 |
Proposal analysis -
Contract pricing, reasonableness, realism analysis |
|
15.404-1 (g) |
Unbalanced pricing |
|
15.505 |
Preaward Debriefings |
|
15.506 |
Postaward Debriefings |
|
15.507 |
Protests and
debriefings - Disclosure of prices |
|
15.607 |
Unsolicited proposals |
|
15.608 |
Prohibitions: Use of data from unsolicited proposals |
|
Types
of Contracts |
|
16.103 |
Negotiating contract type |
|
16-2 |
New
Fixed-price contracts |
|
16.301-3 |
New
Adequacy of
contractor’s accounting system |
|
16.500 |
Federal Supply Schedule orders, unlike FASA task orders, may be protested |
|
16.501-2 |
New General.
|
|
16.503 |
Requirements
contracts - consideration |
|
16.504
(a) |
Indefinite quantity
contracts - Guaranteed Minimum |
|
16.504 (c) |
Indefinite-quantity contracts
- Multiple award
preference |
|
16.505 (a) |
New
Indefinite-quantity contracts, task orders, beyond scope
- Protests |
|
16.505 (b) |
New
Indefinite-quantity contracts - Orders under
multiple-award contracts, fair opportunity, pricing |
|
16.506 |
Expiration of FSS Contract,
task orders |
|
Special
Contracting Methods |
|
17.206 |
Evaluation of options |
|
17.207 |
New
Exercise of options |
|
Small
Business Programs |
|
19.101 |
New
Joint Venture - Ostensible
Subcontractor, Affiliate, etc. |
|
19.102 (f) |
New
Small business - set aside
- domestic, non-domestic product |
|
19.202-6 |
Determination of fair market price |
|
19.3 |
Small business status determination |
|
19.303 |
New
Determining NAICS codes and size standards |
|
19.502 |
New
Set aside for small business decision |
|
19.602 |
New
Certificate of Competency |
|
19.704 |
Subcontracting Plan Requirements |
|
19.803 |
New
Selecting
acquisitions for 8(a) program |
|
19.805 |
New
Competitive 8(a) |
|
19.1102 |
Use of price evaluation factor |
|
19.13 |
New
HUBZone Program |
|
19.1405 |
New
Service-disabled veteran-owned small business set-aside
procedures |
|
Service
Contract Act |
|
22.1003 |
Applicability |
|
22.1006 |
Solicitation
provisions and contract clauses. |
|
22.11 |
Professional
Employee Compensation |
|
Protection
of Privacy and Freedom of Information |
|
24.2 |
Freedom of
Information Act - Trade secrets, commercial, financial
information, reverse auction |
|
Foreign
Acquisition |
|
25.001
(a) |
New
Buy American Act |
|
25.001
(a) |
New
The Berry Amendment (10 U. S. C. § 2533(a)) |
|
25.4 |
Trade
Agreements Act |
|
Other Socioeconomic Programs |
|
26.2 |
Disaster or Emergency Assistance Activities |
|
Patents, Data, and Copyrights |
|
27 |
Patents, Data, and
Copyrights |
|
Bonds
and Insurance |
|
28.101 |
New
Bid guarantees |
|
CAS Program Requirements |
|
30.2 |
Contract Requirements |
|
Adequate Funding |
|
32.702 |
Adequate Funding |
|
Research
and Development Contracting |
|
35.003 |
New
Contracts, grants,
or cooperative agreements, other transactions |
|
35.106 |
Broad agency
announcements |
|
Construction and Architect -- Engineer Contracts |
|
36.101 |
Clauses
Applicable to Construction & Supplies |
|
36.3 |
New Two-Phase
Design-Build Selection Procedures |
|
36.6 |
New
Architect - Engineer Services |
|
Termination |
|
49.402-6 |
New Reprocurement |
|
Solicitation
Provisions and Contract Clauses |
|
52.214-19 |
Contract award -
Sealed bidding - Construction |
|
52.215-9023 |
DLAD Clause Reverse Auctions |
|
52.219-14 |
Limitations on
Subcontracting |
|
52.222-46 |
Evaluation of
Compensation for Professional Employees |
|
|
|
Link
to Decisions |
Listed
by Specific Law |
|
Military Housing Privatization Initiative |
|
10 U.S.C. 2870 - 2885 |
Military Housing Privatization |
|
New
Small
Business Innovation Research |
|
15 U.S.C. 308 (e) (4) |
Small Business Innovation Research Program |
|
National Forest
Management Act |
|
16 U.S.C. 472a |
Sale of timber at appraised value |
|
National
Park Service Concessions Management Improvement Act of 1998,
(16 U.S.C. § 5951) |
|
16 U.S.C. 5952 |
Award of concessions contracts |
|
Randolph-Sheppard
Act |
|
20
U.S.C. § 107 |
Randolph-Sheppard
Act |
|
New
Omnibus
Diplomatic Security and Antiterrorism Act of 1986, as amended,
(Security Act) |
|
22 U.S.C. 4852 |
"United States persons" and "qualified United States joint venture
persons" |
|
Foreign Service
Buildings Act of 1926, as amended. (Percy Amendment, 22
U.S.C. 302) |
|
22
U.S.C. 302 |
10 percent price
reduction for American-owned offerors |
|
Foreign
Relations Authorization Act for FYs 1990-1991 (22 U.S.C.
§ 4864) |
|
22
U.S.C. § 4864(c)(3) |
Price preference for
U. S. persons and qualified U. S. joint venture persons |
|
Buy
Indian Act |
|
25 U.S.C. § 47 |
Buy Indian Act |
|
Pubic Buildings
Service |
|
40 U.S.C 3307 |
Congressional approval of proposed
projects |
|
Robert T.
Stafford Disaster Relief and Emergency Assistance Act |
|
42 U.S.C. 5150 |
A firm residing or doing business
primarily in the designated set-aside location |
|
Oceans Act of 1992 |
|
46 U.S.C. App. 292 Notes |
Nonapplicability to Certain Vessels |
