What information would be most important to know in regards to protests and claims?

First, start with the concepts.

What is a protest? 

What is a claim?

You have asked a broad question.  One thing you need to recognize is that the FAR is generally not the source for the information you are seeking.  The best sources for you to consult are the rules for the forum involved.  For example, if you are concerned about protests to the GAO, you should read GAO's bid protest regulations found at 4 CFR Part 21.  For claims, look at FAR 33.2 and the rules for the ASBCA at 48 CFR Chapter 2, Appendix A, Part 2, or the CBCA found at Civilian Board of Contract Appeals | Rule of Procedure (cbca.gov).  The rules for the Court of Federal Claims for protests and claims are found at Rules of the United States Court of Federal Claims | US Court of Federal Claims (uscourts.gov).

ghostie said:

This is just for general learning purposes. What are the immediate need-to-know topics, timelines, etc, in the FAR?

Thanks!

Far 2.101 defines a claim to mean " A written demand or written assertion by one of the contracting parties seeking, as a matter of right, the payment of money in a sum certain, the adjustment or interpretation of contract terms, or other relief arising under or relating to the contract."

FAR 33.101 defines a protest to mean " Means a written objection by an interested party to a solicitation......, the cancellation of a solicitation...., an award or proposed contract...., a termination or cancellation of an award of the contract."

So it seems as if a claim is a claim where the contractor feels they have a rightful claim to a certain sum of money due to changed contract terms or other issues due from the contract. A protest seems like a non-monetary objection where the contractor feels they were wrongly removed from competition in the contract process?

Retreadfed said:

You have asked a broad question.  One thing you need to recognize is that the FAR is generally not the source for the information you are seeking.  The best sources for you to consult are the rules for the forum involved.  For example, if you are concerned about protests to the GAO, you should read GAO's bid protest regulations found at 4 CFR Part 21.  For claims, look at FAR 33.2 and the rules for the ASBCA at 48 CFR Chapter 2, Appendix A, Part 2, or the CBCA found at Civilian Board of Contract Appeals | Rule of Procedure (cbca.gov).  The rules for the Court of Federal Claims for protests and claims are found at Rules of the United States Court of Federal Claims | US Court of Federal Claims (uscourts.gov).

I do not have any current protests/claims against anything I am working on. This is purely for personal knowledge. Thank you for the links and information! I have read at least one protest posted on GAO and found the whole process interesting.

Don Mansfield said:

First, start with the concepts.

What is a protest? 

What is a claim?

I accidentally quoted myself in my response above. Please see my response above whenever you get the chance.

I recommend at least two books, which you can purchase new or used on line:

“Formation of Government Contracts”, which includes discussion of award controversies/protests. You can do a Google Search and find out where to purchase new or used versions. There are five editions with various authors, the late Prof. John Cibinic and Retired Professor Ralph Nash are two of the primary authors of the various editions. It was originally  part of the George Washington University Law School, Public Contracts Program textbooks.

Table Of Contents

Chapter 1 – Basic Principles of Federal Procurement

Chapter 2 – Contract Formation Principles

Chapter 3 – Acquisition Planning

Chapter 4 – Contractor Qualification

Chapter 5 – Sealed Bidding

Chapter 6 –Basic Negotiation Procedures

Chapter 7 – Indefinite Delivery/Indefinite Quantity Contracts

Chapter 8 – Simplified Acquisition

Chapter 9 – Commercial Products and Services

Chapter 10 – Special Negotiation Procedures

Chapter 11 – Interagency Acquisitions

Chapter 12 – Types of Contracts

Chapter 13 – Contract Pricing

Chapter 14 – Collateral Policies

Chapter 15 – Contract Award Controversies

Chapter 16 – International/Comparative (5th Edition)

The other  book is “Administration of Government Contracts”, part of the same series. It covers the gamut of contract administration, including but not limited to contract interpretation issues, changes, mods and claims. It was my favorite after award reference for many years. You can Google it too. 

Of course, you can use WIFCON as a myriad of research and daily updates concerning disputes and protests…

ghostie said:

it seems as if a claim is a claim where the contractor feels they have a rightful claim to a certain sum of money due to changed contract terms or other issues due from the contract. A protest seems like a non-monetary objection where the contractor feels they were wrongly removed from competition in the contract process?

Let's read the definition more closely now.

1. Who can file a claim? Just the contractor?

2. Does a claim have to be monetary?

3. Can a claim be made by electronic means?

4. What is an assertion in the context of the definition?

5. What is a demand in the context of the definition?

6. What does it mean to seek something as a matter of right?

7. What three things could be sought in a claim?

8. What's the difference between a claim arising under a contract and a claim related to a contract?

We're only on the first sentence of the definition.

joel hoffman said:

I recommend at least two books, which you can purchase new or used on line:

“Formation of Government Contracts”, which includes discussion of award controversies/protests. You can do a Google Search and find out where to purchase new or used versions. There are five editions with various authors, the late Prof. John Cibinic and Retired Professor Ralph Nash are two of the primary authors of the various editions. It was originally  part of the George Washington University Law School, Public Contracts Program textbooks.

Table Of Contents

Chapter 1 – Basic Principles of Federal Procurement

Chapter 2 – Contract Formation Principles

Chapter 3 – Acquisition Planning

Chapter 4 – Contractor Qualification

Chapter 5 – Sealed Bidding

Chapter 6 –Basic Negotiation Procedures

Chapter 7 – Indefinite Delivery/Indefinite Quantity Contracts

Chapter 8 – Simplified Acquisition

Chapter 9 – Commercial Products and Services

Chapter 10 – Special Negotiation Procedures

Chapter 11 – Interagency Acquisitions

Chapter 12 – Types of Contracts

Chapter 13 – Contract Pricing

Chapter 14 – Collateral Policies

Chapter 15 – Contract Award Controversies

Chapter 16 – International/Comparative (5th Edition)

The other  book is “Administration of Government Contracts”, part of the same series. It covers the gamut of contract administration, including but not limited to contract interpretation issues, changes, mods and claims. It was my favorite after award reference for many years. You can Google it too. 

Of course, you can use WIFCON as a myriad of research and daily updates concerning disputes and protests…

Thank you!

Don Mansfield said:

Let's read the definition more closely now.

1. Who can file a claim? Just the contractor?

2. Does a claim have to be monetary?

3. Can a claim be made by electronic means?

4. What is an assertion in the context of the definition?

5. What is a demand in the context of the definition?

6. What does it mean to seek something as a matter of right?

7. What three things could be sought in a claim?

8. What's the difference between a claim arising under a contract and a claim related to a contract?

We're only on the first sentence of the definition.

Alright, I get your point. I see how deep these terms can go haha. Thank you! I will look into this more on my own.

On 8/11/2023 at 7:40 AM, ghostie said:

Thank you!

ghostie, here is a Table of Contents from the fourth edition of “Administration of Government Contracts” . There is also a detailed index by subject in the back of the book.

“Table Of Contents

1. Contract Administration and Personnel
2. Contract Interpretation
3. Risk Allocation
4. Changes
5. Differing Site Conditions
6. Delays
7. Government Property
8. Pricing of Adjustments
9. Inspection, Acceptance and Warranties
10. Default Termination, Damages and Liquidated Damages
11. Termination for Convenience
12. Payment and Discharge
13. Contract Disputes”

Of course, case law and new topics continue to evolve. However, the Book is outstanding in defining the detailed legal principles and background of each topic.

I had the first edition in ~1981. Of course, there was no Internet at that time.  I still have the third and fourth editions. If I was still working, I’d have the fifth. It’s expensive as a personal purchase. Hopefully your office can purchase a copy!  Used copies are available on line though. It’s nice not to have to buy them at college book stores anymore.🤠