H12iv_Notice_of_filing_requirements_for_agency_protests.pdf
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NOTICE OF FILING REQUIREMENTS FOR AGENCY PROTESTS
| Prior | to | submission | of | an | agency | protest, | all | parties | must | use | their | best | efforts | to | resolve | concerns |
| raised | by | an | interested | party. | FEMA | offers, | as | an | option | for | disputes | resolution, | Alternative | Dispute | ||
| Resolution | (ADR). | ADR | is | an | informal, | expeditious | and | inexpensive | way | to | resolve | contract | issues | |||
| and | is | designed | to | promote | satisfying | solutions | and | fair | procedures. | For | more | information | on | |||
| FEMA’s | ADR | services, | please | contact | FEMA’s | ADR | office | at | the | following | address: |
Federal Emergency Management Agency
Alternative Dispute Resolution Division
FEMA Office of Chief Counsel
400 Virginia Avenue, SW
Washington, DC 20472‐3400
| If | concerns | cannot | be | resolved, | protesters | may | use | these | procedures | when | a | resolution | is | requested | |||||
| from | the | agency. | These | procedures | have | been | designed | to | create | an | avenue | for | resolving | third‐ | |||||
| party | grievances | in | connection | with | the | acquisition | process | outside | of | formal | processes | through | the | ||||||
| Government | Accountability | Office | (GAO) | and | the | United | States | Court | of | Federal | Claims | (CFC). | Filing | ||||||
| an | agency | protest | is | not | a | prerequisite | to | filing | at | the | GAO | or | CFC. | If | the | protester | files | a | protest |
| through | the | GAO | or | CFC | while | their | protest | is | pending | at | the | agency | level, | FEMA | may | dismiss | the | ||
| agency | protest. |
| Pursuing | an | agency | protest | does | not | extend | the | time | for | obtaining | a | stay | at | GAO. | These | procedures |
| are | in | addition | to | the | existing | protest | procedures | contained | in | FAR | Subpart | 33.103. |
A. Definitions.
| 1. | “Agency | protest” | is | one | that | may | be | filed | with | either | the | contracting | officer | or | the | officer |
| responsible | for | the | resolution | of | all | agency | protests | filed | at | the | level | above | the | contracting |
officer.
| 2. | “Ombudsman” | is | the | agency | official | above | the | level | of | the | contacting | officer | designated | by | the |
| Director | of | Acquisitions | Operations | to | handle | and | issue | the | formal | agency | decision | resolving | the | ||
| protest. | Protesters | using | these | procedures | may | protest | directly | to | the | ombudsman. |
| 3. | “Day” | is | a | calendar | day. | In | computing | a | period | of | time | for | the | purpose | of | these | procedures, | the | |
| day | from | which | the | period | begins | to | run | is | not | counted. | When | the | last | day | of | the | period | is | |
| Saturday, | Sunday, | or | a | Federal | holiday, | the | period | extends | to | the | next | day | that | is | not | a | Saturday, | ||
| Sunday, | or | a | Federal | holiday. | Similarly, | when | the | Washington, | DC | offices | of | FEMA | are | closed | for | ||||
| all | or | part | of | the | last | day, | the | period | extends | to | the | next | day | on | which | the | Agency | is | open. |
B. Submission Guidelines.
| 1. | Agency | protests | may | be | filed | through | the | contracting | officer | or, | at | a | level | above | the | contracting |
| officer, | through | the | ombudsman | either | by | facsimile | transmission | or | by | “Certified | Mail” | (Return | ||||
| Receipt | Requested) | as | follows: |
FEMA
Victor Hinojosa, Contracting Officer
Texas Recovery Office, 11000 Interstate 35 North
Austin, TX 78753‐3152
(202) 709‐0656 or
FEMA
David Orris, FEMA Protest Ombudsman
16825 South Seton Ave Bldg. E‐114
Emmitsburg, Maryland 21727
(301) 447‐1830
| 2. | The | outside | of | the | envelope | or | beginning | of | the | FAX | transmission | must | be | marked | “Agency | ||
| Protest”. | If | the | protester | submits | the | protest | directly | through | the | ombudsman, | the | protester | must | ||||
| also, | within | one | (1) | day | of | submitting | the | protest | to | the | ombudsman, | submit | a | copy | of | the | protest |
| to | the | responsible | contracting | officer | either | by | FAX | transmission | or | by | “Certified | Mail” | (Return | ||||
| Receipt | Requested). |
| 3. | To | be | filed | on | a | given | day, | protests | and | any | subsequent | appeals | must | be | received | by | 4:30 | p.m., |
| current | local | time. | Any | protests | received | after | that | time | will | be | considered | to | be | filed | on | the | next |
day.
4. Protest submission will not be considered filed until all of the following information is provided:
a. The protester’s name, address, telephone number and fax number;
b. The solicitation or contract number;
| c. | A | detailed | statement | of | all | factual | and | legal | grounds | for | protests, | to | include | an | |
| explanation | of | how | the | protester | was | prejudiced; |
d Copies of relevant documents;
e. A request for ruling by the agency;
f. A statement detailing the form of relief requested;
| g. | All | information | establishing | that | the | protester | is | an | interested | party | for | the |
| purposes | of | filings | a | protest; | and |
h. All information establishing the timeliness of the protest.
| 5. | All | protests | must | be | signed | by | an | authorized | representative | of | the | protester; | and | must | be |
| addressed | to | the | contracting | officer | or | the | ombudsman. |
C. Timeliness/Resolution of Protests.
| 1. | Protests | based | upon | alleged | improprieties | in | a | solicitation | which | are | apparent | prior | to | bid | ||||
| opening | or | the | time | set | for | receipt | of | initial | proposals | shall | be | filed | prior | to | bid | opening | or | the |
| time | set | for | receipt | of | initial | proposals. | In | procurements | where | proposals | are | requested, | alleged |
| improprieties | which | are | subsequently | incorporated | into | the | solicitation | must | be | protested | not | |
| later | than | the | next | closing | time | for | receipt | of | proposals | following | the | incorporation. |
| 2. | Protests | other | than | those | covered | by | paragraph | (1) | of | this | section | shall | be | filed | not | later | than | 10 |
| days | after | the | basis | of | protest | is | known | or | should | have | been | known | (whichever | is | earlier), | with | ||
| the | exception | of | protests | challenging | a | procurement | conducted | on | the | basis | of | competitive | ||||||
| proposals | under | which | a | debriefing | is | requested | and, | when | requested, | is | required. | In | such | cases, | ||||
| with | respect | to | any | protest | basis | which | is | known | or | should | have | been | known | either | before | or | as | a |
| result | of | the | debriefing, | the | initial | protest | shall | not | be | filed | before | the | debriefing | date | offered | to | ||
| the | protester, | but | shall | be | filed | not | later | than | 10 | days | after | the | date | on | which | the | debriefing | is |
held.
| 3. | Protests | filed | through | the | contracting | officer | within | 20 | days | after | the | protest | is | filed | through | the |
| contracting | officer, | the | contracting | officer | will | send | a | written | ruling | and | a | summary | of | the | reasons | |
| supporting | the | ruling | to | the | protester | by | “Certified | (Return | Receipt | Requested)”. |
D. Appeals.
| 1. | Protesters | who | filed | protests | through | the | contracting | officer | may, | within | five | days | of | receipt | of |
| the | contracting | officer’s | written | ruling, | appeal | to | the | ombudsman. |
| 2. | Requests | for | appellate | review | must | be | submitted | to | the | ombudsman | by | facsimile | transmission | or |
| by | “Certified | Mail” | (Return | Receipt | Requested). |
| 3. | The | ombudsman | will | send | a | written | ruling | and | a | summary | of | the | reasons | supporting | the | ruling | to |
| the | protester | by | “Certified | (Return | Receipt | Requested)” | within | 10 | days | of | receipt | of | the | ||||
| request | for | appellate | review | of | the | contracting | officer’s | decision. |
| 4. | In | accordance | with | FAR | 33.103(d)(4) | and | 4 | C.F.R. | 21.2(a)(3), | if | there | is | an | agency | appellate |
| review | of | the | contracting | officer’s | decision | on | the | protest, | it | will | not | extend | GAO’s | timeliness | |
| requirements. | Therefore, | any | subsequent | protest | to | the | GAO | must | be | filed | within | 10 | days | of | |
| knowledge | of | initial | adverse | agency | action. |
E. Protests filed through the ombudsman:
| 1. | If | the | protester | protests | directly | through | the | ombudsman, | the | ombudsman | will | send | a | written | |
| ruling | and | a | summary | of | the | reasons | supporting | the | ruling | to | the | protester | by | “Certified | |
| (Return | Receipt | Requested)” | within | 35 | days | after | the | protest | was | filed. |
2. Protests filed directly through the ombudsman cannot be appealed within the agency.
F. Dismissal of Protests.
| The | agency | may | dismiss | protests | when | protesters | file | protests | through | the | GAO | or | CFC | while | their | ||
| protests | are | pending | at | the | agency | level; | and | for | failure | to | comply | with | any | of | the | requirements | of |
| these | agency | protest | procedures. | For | example, | the | agency | may | dismiss | protests | that | are | |||||
| procedurally | or | substantively | defective | (e.g., | the | protest | is | untimely | or | the | protest | fails | to | clearly | |||
| state | legally | sufficient | grounds | of | protests). |
16825 South Seton Ave Bldg. E‐114
Emmitsburg, Maryland 21727
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