HHSAR Part 333—Protests, Disputes, and Appeals

Part 333—Protests, Disputes, and Appeals

• Subpart 333.1—Protests
• 333.102 General.
• 333.103 Protests to the agency.
• Subpart 333.2—Disputes and Appeals
• 333.203 Applicability.
• 333.209 Suspected fraudulent claims.
• 333.215-70 Contract clauses.

Part 333—Protests, Disputes, and Appeals

Authority: 5 U.S.C. 301; 40 U.S.C. 121(c)(2).

Subpart 333.1—Protests

333.102 General.

(g)(1) The Office of General Counsel-General Law Division serves as the liaison for protests lodged with the Government Accountability Office (GAO); is designated as the office responsible for all protests within the Department of Health and Human Services; and serves as the notification point with GAO for all protests.

(2) The contracting officer will follow the direction of the Operating Division’s protest control officer for responding to protests whether they are filed with GAO or directly with the contracting officer.

333.103 Protests to the agency.

(f)(1) Protests to the contracting officer must be in writing. The contracting officer is authorized to make the determination, using the criteria in Federal Acquisition Regulation 33.104(b), to award a contract notwithstanding the protest after obtaining the concurrence of the contracting activity's protest control officer and consulting with the appropriate legal office.

Subpart 333.2—Disputes and Appeals

333.203 Applicability.

(c) The Civilian Board of Contract Appeals is the authorized “Board” to hear and determine disputes for the Department.

333.209 Suspected fraudulent claims.

The contracting officer shall submit any instance of a contractor's suspected fraudulent claim to the Office of Inspector General for investigation.

333.215-70 Contract clauses.

(a) The contracting officer shall insert the clause at

352.233-70, Choice of Law (Overseas), in solicitations and contracts when performance will be outside the United States, its possessions, and Puerto Rico, except as otherwise provided in a government-to-government agreement.

(b) The contracting officer shall insert the clause at

352.233-71, Litigation and Claims, in solicitations and contracts when a cost-reimbursement, time-and-materials, or labor-hour contract is contemplated (other than a contract for a commercial item).