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 |