Manage Disagreements Flashcards
(17 cards)
A protest is a written objection by whom?
interested party
An interested party can best be defined as what type(s) of an offeror?
actual or prospective
How many protest venues are there?
3
To whom shall protests to the agency be addressed?
a. Program manager
b. Contracting officer
c. Head of the agency
b. Contracting officer
If an agency protest is received before award, may the contracting officer generally proceed with the award?
a. Yes
b. No
b. No
If a Contracting Officer receives an agency protest 8 days after contract award, what must the Contracting Officer do?
a. Immediately suspend performance
b. Get a second opinion
c. Allow performance to proceed
a. Immediately suspend performance
If a contracting officer denies a contractor’s claim in a Contracting Officer’s Final Decision, the contractor must continue contract performance.
True
False
True
On receiving notice that a protest has been filed with the Government Accountability Office (GAO) before award, what may the CO do?
a. Award the contract even if a delay would not harm the government
b. Award the contract provided that the HCA approved the action based on urgent and compelling circumstances
c. Cancel the solicitation pending resolution of the protest
d. Eliminate the protesting contractor from the competitive range
b. Award the contract provided that the HCA approved the action based on urgent and compelling circumstances
When must a protest alleging apparent improprieties in a solicitation be filed with the agency?
a. Any time before award
b. Any time before bid opening or the closing date for receipt of proposals
c. Any time before final proposal revisions are requested
d. Any time before the competitive range is established
b. Any time before bid opening or the closing date for receipt of proposals
Which of the following has jurisdiction to hear bid protest cases?
a. A board of contract appeals
b. U.S. Court of Federal Claims
c. A U.S. district court
d. Any state court
b. U.S. Court of Federal Claims
What is true about protests to the GAO?
a. Protests can only be filed after award. GAO will not consider a preaward protest.
b. Protests may be filed by anyone who believes the government did not act properly
c. Protests may be filed directly by an interested party without first filing with the agency
d. Protests may be filed only after a protest has been filed with the agency
c. Protests may be filed directly by an interested party without first filing with the agency
Which of the following statements is TRUE in relation to protests filed before GAO?
a. A protest before GAO is filed in accordance with the provisions of the Contract Disputes Act
b. A protest involves a disagreement concerning the administration (performance or termination) of an existing government contract
c. A protest is a proceeding to resolve a disagreement in connection with the award (or proposed award) of a government contract
d. An individual or company does not have to be an interested party to file a protest before GAO
c. A protest is a proceeding to resolve a disagreement in connection with the award (or proposed award) of a government contract
What is true under the Contract Disputes statute?
a. A contractor never has to certify a claim no matter what the amount
b. Claims in excess of $100,000 must be certified when submitted to be considered valid claims
c. Claims in excess of $250,000 must be certified when submitted to be considered valid claims
d. Claims in excess of $550,000 must be certified when submitted to be considered valid claims
b. Claims in excess of $100,000 must be certified when submitted to be considered valid claims
What is a written demand by one of the contracting parties seeking payment of money, adjustment or interpretation of contract terms, or other relief called?
a. Requirement
b. Dispute
c. Claim
d. Appeal
c. Claim
An appeal from a contracting officer’s final decision may be filed before the board of contract appeals. If with the board, when must the appeal be filed?
a. Within 90 days of the contracting officer’s final decision
b. Within 120 days of the contracting officer’s final decision
c. Within 180 days of the contracting officer’s final decision
d. Within the mandatory six-year statute of limitations
a. Within 90 days of the contracting officer’s final decision
The government’s policy for settling disputes with a contractor includes all of the following EXCEPT:
a. Issue a contracting officer final decision and encourage the contractor to file a claim
b. Make reasonable efforts to resolve the controversies prior to submitting a claim
c. Try to resolve controversial issues by mutual agreement at the contracting officer level
d. Use alternative disputes resolution (ADR) procedures to the maximum extent practicable
a. Issue a contracting officer final decision and encourage the contractor to file a claim
Before a dispute can be elevated to formal status as a claim, which of the following must occur?
a. The claim must be properly certified if in excess of $100,000
b. The contractor must request a contracting officer’s final decision
c. The contractor must submit the claim in writing
d. All of the above
d. All of the above
