Stop Work / Protest

paris_tj said:

What does this mean mean exactly... I can assume allot of things, but would rather know for sure.

The idea is to put the contract on hold until the protest is resolved.

Here's the rule at FAR 33.103(f)(3) if the protest was filed with the agency:

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(3) Upon receipt of a protest within 10 days after contract award or within 5 days after a debriefing date offered to the protester under a timely debriefing request in accordance with 15.505 or 15.506, whichever is later, the contracting officer shall immediately suspend performance, pending resolution of the protest within the agency, including any review by an independent higher level official, unless continued performance is justified, in writing, for urgent and compelling reasons or is determined, in writing, to be in the best interest of the Government. Such justification or determination shall be approved at a level above the contracting officer, or by another official pursuant to agency procedures.

Here's the rule at FAR 33.104(c) if the protest was filed with the GAO:

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(c) Protests after award.

(1) When the agency receives notice of a protest from the GAO within 10 days after contract award or within 5 days after a debriefing date offered to the protester for any debriefing that is required by 15.505 or 15.506, whichever is later, the contracting officer shall immediately suspend performance or terminate the awarded contract, except as provided in paragraphs (c)(2) and (3) of this section.

(2) In accordance with agency procedures, the head of the contracting activity may, on a nondelegable basis, authorize contract performance, notwithstanding the protest, upon a written finding that—

(i) Contract performance will be in the best interests of the United States; or

(ii) Urgent and compelling circumstances that significantly affect the interests of the United States will not permit waiting for the GAO’s decision.

(3) Contract performance shall not be authorized until the agency has notified the GAO of the finding in paragraph (c)(2) of this section.

(4) When it is decided to suspend performance or terminate the awarded contract, the contracting officer should attempt to negotiate a mutual agreement on a no-cost basis.

(5) When the agency receives notice of a protest filed with the GAO after the dates contained in paragraph (c)(1), the contracting officer need not suspend contract performance or terminate the awarded contract unless the contracting officer believes that an award may be invalidated and a delay in receiving the supplies or services is not prejudicial to the Government’s interest.

Paris, also look at FAR 52.233-3.  That should be part of your contract.

So is this likely NOT something I did or did wrong but someone unhappy with the results or process?

Is there anything I need to do or be ready to do?

So far, I have no money spent on this award, but I was within minutes of ordering materials needed.

Read and comply with 52.233-3 and 52.242-15.

I have read both of these several times, and complied, ie stopped all work and ordering. Just wish I knew why or what I did if I did anything.

Thanks for your time, I will just push it to the side and wait for information I guess.

A protest is generally based upon an allegation of government non-compliance with a procurement law or regulation.  If you want to know the basis of the protest, ask the contracting officer for a copy.

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So is this likely NOT something I did or did wrong but someone unhappy with the results or process?

No one here can tell you that.

Two other things:

• was the protest filed with GAO or the Court of Federal Claims?
• go to that forum's web site and read about being an intervenor.  Google the role of an intervenor and decide what you want to do.

bob7947 said:

Two things:

• was the protest filed with GAO or the Court of Federal Claims?
• go to that forum's web site and read about being an intervenor.  Google the role of an intervenor and decide what you want to do.

I do not know. All I do know is that I got a stop order email and this is what I got from the CO as well "Please be advised that a protest was received against the subject award that is currently under review.".

It could be an agency level protest and Vern has quoted the FAR section.

FAR 52.242-15 is an inapt reference, but 52.233-3 is a good reference.

An unsuccessful offeror thinks it should have gotten the award, and is protesting the Government’s award to you.  The protester’s goal is to have your contract canceled (terminated) and have the award re-directed to itself.

If you have inside or outside counsel, you might want to make them aware.

ji20874 said:

FAR 52.242-15 is an inapt reference, but 52.233-3 is a good reference.

An unsuccessful offeror thinks it should have gotten the award, and is protesting the Government’s award to you.  The protester’s goal is to have your contract canceled (terminated) and have the award re-directed to itself.

If you have inside or outside counsel, you might want to make them aware.

It is not worth that much, it was only a $500 award.  Hopefully I will know more soon.

And thank you all who replied.

Did the Government conduct a competition?

I'm new to all this, so I am not sure what you mean. It was posted on DIBBS and bid on the job there.

paris_tj said:

It is not worth that much, it was only a $500 award.

So much for FAR 52.233-3.

paris_tj said:

It is not worth that much, it was only a $500 award.  Hopefully I will know more soon.

Interesting.  If filed with the GAO, it now costs now costs $350 to file a protest (as of May 1st).

Even if it is an agency level protest, it will probably cost more than $500 to pursue the protest.  There must be more to this than is apparent from what we have been told.

Retreadfed said:

Even if it is an agency level protest, it will probably cost more than $500 to pursue the protest.

Not necessarily. I once received a protest that cost the protester no more than a first class postage stamp ($0.13), a sheet of paper, an envelope, and some typewriter ink. They won at the agency level based on the letter and a phone conversation initiated by the agency.

Retreadfed said:

Even if it is an agency level protest, it will probably cost more than $500 to pursue the protest.  There must be more to this than is apparent from what we have been told.

Wish I knew what it was if so... All I know is what I was told in the 2 emails I got, in short, stop work, and it has been protested. I know nothing else.

paris_tj said:

I know nothing else.

Did you ask? Will you ask?

Yes I have asked, nothing as of yet.

Well just got notified the stop work has been rescinded as of today. Wish I knew more, but no one has answered any emails or voicemails I have left. Either way I can get back to work on it now.

Thanks to all for the information/help.

$500? was it a multiple award and your portion is $500? I'm trying to wrap my head around how $500 purchase can be protested in the first place.  I'm not familiar with DOD.

No, it was a single award, it was a little more than $500, I just rounded it.