33.106
Solicitation provision and contract clause
FAR 33.106 requires contracting officers to include specific protest-related provisions and clauses in solicitations and contracts to ensure all parties understand protest procedures and rights.
Overview
FAR 33.106 outlines the requirements for including specific protest-related provisions and clauses in federal solicitations and contracts. Its primary purpose is to ensure that all parties are aware of the procedures for filing and handling protests, both before and after contract award. This section mandates the use of designated FAR clauses to standardize protest processes and protect the rights of offerors and contractors.
Key Rules
- Service of Protest Provision (FAR 52.233-2)
- Must be included in solicitations for contracts expected to exceed the simplified acquisition threshold. This provision informs offerors about how and where to serve a protest.
- Protest After Award Clause (FAR 52.233-3)
- Required in all solicitations and contracts, regardless of value. For cost reimbursement contracts, Alternate I of the clause must be used, which addresses specific issues related to these contract types.
Responsibilities
- Contracting Officers: Must ensure the correct protest provisions and clauses are included in all applicable solicitations and contracts, and use the appropriate alternate for cost reimbursement contracts.
- Contractors: Should review solicitations and contracts to confirm the inclusion of these clauses, as they outline protest rights and procedures.
- Agencies: Must oversee compliance with these requirements to ensure fair and transparent protest processes.
Practical Implications
- This section exists to standardize protest procedures and ensure all parties are informed of their rights and obligations regarding protests.
- Failure to include the required provisions can lead to disputes, delays, or challenges to the procurement process.
- Contractors should be familiar with these clauses to understand how to properly file or respond to protests.