[Federal Register Volume 60, Number 6 (Tuesday, January 10, 1995)]
[Proposed Rules]
[Pages 2630-2634]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 95-482]




[[Page 2629]]

_______________________________________________________________________

Part II

Department of Defense

General Services Administration

National Aeronautics and Space Administration
_______________________________________________________________________



48 CFR Part 33 et al.



Federal Acquisition Regulation; Protests, Disputes, and Appeals; 
Proposed Rule

  Federal Register / Vol. 60, No. 6 / Tuesday, January 10, 1995 / 
Proposed Rules   
[[Page 2630]]

DEPARTMENT OF DEFENSE

GENERAL SERVICES ADMINISTRATION

NATIONAL AERONAUTICS AND SPACE ADMINISTRATION

48 CFR Parts 33, 39, 42, 50, and 52

[FAR Case 94-730]
RIN 9000-AG38


Federal Acquisition Regulation; Protests, Disputes, and Appeals

AGENCIES: Department of Defense (DOD), General Services Administration 
(GSA), and National Aeronautics and Space Administration (NASA).

ACTION: Proposed rule.

-----------------------------------------------------------------------

SUMMARY: This proposed rule is issued pursuant to the Federal 
Acquisition Streamlining Act of 1994 (Pub. L. 103-355) dated October 
13, 1994, to implement the requirements for protests and disputes in 
Government procurement. This regulatory action was not subject to 
Office of Management and Budget review under Executive Order 12866, 
dated September 30, 1993.

DATES: Comments should be submitted on or before March 13, 1995 to be 
considered in the formulation of a final rule.

ADDRESSES: Interested parties should submit written comments to: 
General Services Administration, FAR Secretariat (VRS), 18th & F 
Streets, NW., room 4037, Washington, DC 20405. Please cite FAR case 94-
730 in all correspondence related to this case.

FOR FURTHER INFORMATION CONTACT: Mr. Craig Hodge, Protests/Disputes 
Team Leader at (703) 274-8176 in reference to this FAR case. For 
general information, contact the FAR Secretariat, room 4037, GS 
Building, Washington, DC 20405 (202) 501-4755. Please cite FAR case 94-
730, Protests, Disputes, and Appeals.

SUPPLEMENTARY INFORMATION:

A. Background

    The Federal Acquisition Streamlining Act of 1994, Pub. L. 103-355, 
provides authorities that streamline the acquisition process and 
minimize burdensome Government-unique requirements. Major changes that 
can be expected in the acquisition process as a result of Federal 
Acquisition Streamlining Act implementation include changes in the 
areas of Commercial Item Acquisition, Simplified Acquisition 
Procedures, the Truth in Negotiations Act, and Introduction of the 
Federal Acquisition Network.
    This notice announces proposed FAR revisions developed under FAR 
Case 94-730, Protests, Disputes, and Appeals. The Act changed the 
General Accounting Office (GAO) protest procedures, the General 
Services Board of Contract Appeals (GSBCA) protest procedures, and the 
alternative dispute resolution (ADR) procedures. This rule reflects 
those changes to GAO, GSBCA, and ADR procedures that require revisions 
to the FAR.
    In view of expected benefits to Government and industry from the 
Act, FAR implementation was formulated under an expedited process. The 
FAR Council is interested in an exchange of ideas and opinions with 
respect to the regulatory implementation of the Act. For that reason, 
the FAR Council is conducting a series of public meetings. However, the 
FAR Council has not scheduled a public meeting on this rule (FAR case 
94-730) because of the clarity and non-controversial nature of the 
rule. If the public believes such a meeting is needed with respect to 
this rule, a letter requesting a public meeting and outlining the 
nature of the requested meeting shall be submitted to and received by 
the FAR Secretariat (see ADDRESSES caption) on or before February 9, 
1995. The FAR Council will consider such requests in determining 
whether a public meeting on this rule should be scheduled.

B. Regulatory Flexibility Act

    This proposed rule is not expected to have a significant economic 
impact on a substantial number of small entities within the meaning of 
the Regulatory Flexibility Act, 5 U.S.C. 601, et seq., because among 
other things, it authorizes a higher reimbursement of attorney costs 
associated with a GAO or a GSBCA protest to small businesses than may 
be reimbursed to large businesses. An Initial Regulatory Flexibility 
Analysis has, therefore, not been performed. Comments from small 
entities concerning the affected FAR subpart will be considered in 
accordance with 5 U.S.C. 610 of the Act. Such comments must be 
submitted separately and should cite 5 U.S.C. 601, et seq. (FAR case 
94-730), in correspondence.

C. Paperwork Reduction Act

    The Paperwork Reduction Act does not apply because the proposed 
changes to the FAR do not impose recordkeeping or information 
collection requirements, or collections of information from offerors, 
contractors, or members of the public which require the approval of the 
Office of Management and Budget under 44 U.S.C. 3501, et seq.

 List of Subjects in 48 CFR Parts 33, 39, 42, 50 and 52

    Government procurement.

    Dated: December 29, 1994.
Edward C. Loeb,
Deputy Project Manager for the Implementation of the Federal 
Acquisition Streamlining Act of 1994.
    Therefore, it is proposed that 48 CFR Parts 33, 39, 42, 50, and 52 
be amended as set forth below:
    1. The authority citation for 48 CFR Parts 33, 39, 42, 50, and 52 
continues to read as follows:

    Authority: 40 U.S.C. 486(c); 10 U.S.C. chapter 137; and 42 
U.S.C. 2473(c).

PART 33--PROTESTS, DISPUTES, AND APPEALS

    2. Section 33.101 is amended by adding in alphabetical order the 
definitions ``Day'' and ``Filed''; and revising the definition 
``Protest'' to read as follows:


33.101  Definitions.

    Day, for the purpose of this subpart means a calendar day, unless 
otherwise specified. In the computation of any period--
    (a) The day of the act, event, or default from which the designated 
period of time begins to run is not included; and
    (b) The last day after such act, event, or default is included 
unless--
    (1) Such last day is a Saturday, a Sunday, or a legal holiday; or
    (2) In the case of a filing of a paper at any appropriate 
administrative forum, such last day is a day on which weather or other 
conditions causes the closing of the forum, in which event the next day 
that is not a Saturday, Sunday, or legal holiday is included.
    Filed means the receipt of any document by an agency before its 
close of business. Documents received after close of business are 
considered filed as of the next day. Unless otherwise stated, the 
agency close of business is presumed to be 4:30 p.m. local time.
* * * * *
    Protest, as used in this subpart, means a written objection by an 
interested party to any of the following:
    (a) A solicitation or other request by an agency for offers for a 
contract for the procurement of property or services.
    (b) The cancellation of such a solicitation or other request.
    (c) An award or proposed award of such a contract.
    (d) A termination or cancellation of an award of such a contract, 
if the written objection contains an allegation that the termination or 
cancellation is based in [[Page 2631]] whole or in part on 
improprieties concerning the award of the contract.
    3. Section 33.102 is amended by revising paragraph (a); 
redesignating paragraphs (b) and (c) as (c) and (e), respectively, and 
adding new paragraphs (b) and (d); and revising newly designated 
paragraphs (e)(2) and (e)(3) to read as follows:


33.102  General.

    (a) Contracting officers shall consider all protests and seek legal 
advice, whether protests are submitted before or after award and 
whether filed directly with the agency, the General Accounting Office 
(GAO), or for automatic data processing acquisitions under 40 U.S.C. 
759 (ADP contracts), the General Services Board of Contract Appeals 
(GSBCA or the Board). (See 19.302 for protests of small business status 
and 22.608-3 for protests involving eligibility under the Walsh-Healey 
Public Contracts Act.)
    (b) If in connection with a protest, the head of an agency 
determines that a solicitation, proposed award, or award does not 
comply with the requirements of law or regulation, the head of the 
agency may--
    (1) Take any action that may have been taken by the Comptroller 
General in the event of a GAO protest; and
    (2) Pay appropriate costs as stated in section 33.104(h).
* * * * *
    (d) Protest likely after award. The contracting officer may stay 
performance of a contract within the time period contained in 
33.104(c)(1) if the contracting officer makes a written determination 
that--
    (1) A protest is likely to be filed; and
    (2) Delay of performance is, under the circumstances, in the best 
interests of the United States.
    (e) * * *
    (2) May protest to the GAO in accordance with GAO regulations (4 
CFR Part 21). An interested party who has filed a protest regarding an 
ADP procurement with the GAO may not file a protest with the GSBCA with 
respect to that procurement.
    (3) May protest to the GSBCA regarding an award of an ADP contract 
in accordance with GSBCA Rules of Procedure (48 CFR Chapter 61). An 
interested party who has filed a protest regarding an ADP procurement 
with GSBCA (40 U.S.C. 759(f)) may not file a protest with the GAO with 
respect to that procurement.
    4. Section 33.103 is amended in paragraph (b)(1) by removing ``or'' 
and inserting ``and''; by revising the second and third sentences of 
(b)(2); by revising the second sentence in paragraph (b)(4); and by 
adding paragraph (b)(5) to read as follows:


33.103  Protests to the agency.

* * * * *
    (b) * * *
    (2) * * * In all other cases, protests shall be filed not later 
than 14 days after the basis of protest is known or should have been 
known, whichever is earlier. The agency for good cause shown, or where 
it determines that a protest raises issues significant to the agency's 
acquisition system, may consider the merits of any protest which is not 
filed timely.
* * * * *
    (4) * * * Failure to substantially comply with any of the above 
requirements may be grounds for dismissal of the protest.
    (5) The agency should furnish a copy of the written protest ruling 
to the protester by certified mail return receipt requested, or by any 
other method that provides evidence of receipt.
    5. Section 33.104 is amended--
    a. By revising the introductory text;
    b. By adding a sentence to the end of paragraph (a)(2)(ii);
    c. By revising the introductory text of paragraph (a)(3)(i);
    d. In paragraph (a)(3)(ii)(H) by adding a ``s'' to ``allegation'';
    e. By redesignating paragraphs (a)(5) through (a)(7) as (a)(6) 
through (a)(8), respectively and adding a new paragraph (a)(5);
    f. By revising the introductory text of newly designated paragraph 
(a)(6);
    g. In the third sentence of paragraph (a)(6)(iii) by adding a ``s'' 
to ``request''; and
    h. By revising paragraphs (c)(1), and (c)(5); and
    i. By revising paragraphs (f), (g), and (h).
    The revised text reads as follows:


33.104  Protests to GAO.

    Procedures for protests at the GAO are found at 4 CFR Part 21 (GAO 
Bid Protest Regulations). In the event this section conflicts with 4 
CFR Part 21, 4 CFR Part 21 governs.
    (a) * * *
    (2) (ii) * * * However, if the protestor has identified sensitive 
information and requests a protective order, then the contracting 
officer should obtain a redacted version from the protestor to furnish 
to other interested parties.
    (3)(i) Upon notice that a protest has been filed with the GAO, the 
contracting officer shall immediately begin compiling the information 
necessary for a report to the GAO. The agency normally submits a 
complete report to the GAO within 35 days after the GAO notifies the 
agency by telephone that a protest has been filed, or within 20 days 
after receipt from the GAO of a determination to use the express 
option, unless the GAO--
* * * * *
    (5) When a protest is filed with the GAO, and an actual or 
prospective offeror so requests, the procuring agency shall establish a 
protest file and, in accordance with any applicable protective orders, 
provide actual or prospective offerors reasonable access to the file. 
However, if the GAO dismisses the protest before the administrative 
report is submitted then no protest file need be established.
    (i) The protest file shall consist of the agency administrative 
report.
    (ii) Information exempt from disclosure under section 552 of title 
5, United States Code, or under an applicable protective order, may be 
redacted from the protest file.
    (iii) The protest file shall be made available within a reasonable 
time after submittal of the agency administrative report.
    (6) The GAO may issue protective orders which establish terms, 
conditions, and restrictions for the provision of any document to an 
interested party. Protective orders prohibit or restrict the disclosure 
by the party of procurement sensitive information, trade secrets or 
other proprietary or confidential research, development or commercial 
information that is contained in such document. Protective orders do 
not authorize withholding any documents or information from the United 
States Congress or an executive agency.
* * * * *
    (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 protestor for any 
debriefing that is required by 15.1003, 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.
* * * * *
    (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.
* * * * * [[Page 2632]] 
    (f) GAO decision time. GAO issues its recommendation on a protest 
within 125 days from the date of filing of the protest with the GAO, or 
within 65 days under the express option, unless GAO establishes a 
longer period of time. The GAO attempts to issue its recommendation on 
an amended protest that adds a new ground of protest within the time 
limit of the initial protest. If an amended protest cannot be resolved 
within the initial time limit, the GAO may resolve the amended protest 
through an express option.
    (g) Notice to GAO. If the agency has not fully implemented the GAO 
recommendations with respect to a solicitation for a contract or an 
award or a proposed award of a contract within 60 days of receiving the 
GAO recommendations, the head of the contracting activity responsible 
for that contract shall report such failure to the GAO not later than 5 
days after the expiration of the 60 day period. The report shall 
explain the reasons why the GAO's recommendation exclusive of costs, 
has not been followed by the agency.
    (h) Award of costs. (1) If the GAO determines that a solicitation 
for a contract or a proposed award or an award of a contract does not 
comply with a statute or regulation, the GAO may recommend that the 
agency conducting the procurement pay to an appropriate interested 
party the direct cost, exclusive of profit, of filing and pursuing the 
protest, including reasonable attorney's fees and consultant and expert 
witness fees, and bid and proposal preparation costs.
    (2) If the GAO recommends the award of costs to an interested 
party, the agency, in accordance with agency procedures, shall attempt 
to reach an agreement on the amount of the cost to be paid. If the 
agency and the interested party are unable to agree on the amount to be 
paid, GAO may, upon request of the interested party, recommend to the 
agency the amount of cost that the agency should pay.
    (3) No agency shall pay a party, other than a small business 
concern within the meaning of section 3(a) of the Small Business Act 
(see 19.001, ``Small business concern''), costs under paragraph (h)(2) 
of this section--
    (i) For consultant and expert witness fees that exceed the highest 
rate of compensation for expert witnesses paid by the Government; or
    (ii) For attorneys' fees that exceed $150 per hour unless the 
agency determines, based on the recommendation of the Comptroller 
General on a case by case basis, that an increase in the cost of living 
or a special factor, such as the limited availability of qualified 
attorneys for the proceedings involved, justifies a higher fee. The cap 
placed on attorneys' fees for businesses, other than small businesses, 
constitutes a benchmark as to what constitutes a ``reasonable'' level 
for attorneys' fees for small businesses.
    (4) A recommended award of costs may be paid by the agency out of 
funds available to or for the use of the agency for the acquisition of 
supplies or services. Before paying a recommended award of costs, 
agency personnel should consult legal counsel. Section 33.104(h) 
applies to all recommended awards of costs which have not yet been 
paid.
    (5) If the GAO recommends the agency pay costs (as defined under 
paragraph (h)(1) of this section) and the agency does not promptly pay 
the costs, the agency shall promptly report to GAO the reasons for the 
failure to follow the GAO recommendation.
    (6) Any costs the contractor receives under this section shall be 
excluded from all proposals, billings, or claims against the Government 
and such exclusions should be reflected in the cost agreement.
    6. Section 33.105 is amended--
    (a) By adding an introductory paragraph;
    (b) By revising paragraph (a)(1);
    (c) In paragraph (a)(2)(ii) by removing ``five'' and inserting 
``three'';
    (d) By revising the introductory text of paragraph (d)(1);
    (e) In paragraph (d)(1)(i) by removing ``calendar'';
    (f) By adding paragraph (d)(4);
    (g) In paragraph (e) by removing ``45 work'' and inserting ``65'';
    (h) By redesignating paragraphs (f) and (g) as (g) and (h) and 
adding a new paragraph (f);
    (i) By revising the new by designated paragraphs (g)(1)(i), and 
(g)(2);
    (j) By adding paragraphs (g)(3) and (g)(4); and
    (k) By revising paragraph (h).
    The revised text reads as follows:


33.105  Protests to GSBCA.

    Procedures for protests at the GSBCA, are found at 48 CFR chapter 
61 (GSBCA Rules). In the event this subpart conflicts with 48 CFR 
Chapter 61, 48 CFR Chapter 61 governs.
    (a)(1) Upon request of an interested party in connection with any 
procurement that is subject to this section (including any such 
procurement that is subject to delegation of procurement authority), 
the GSBCA shall review any decision by the contracting officer that is 
alleged to violate a statute, a regulation, or the conditions of a 
delegation of procurement authority. ADP acquisition protests not 
covered under the Federal Property and Administrative Services Act (40 
U.S.C. 759) may not be heard by the GSBCA, but may be heard by the 
agency, the courts, or GAO. A protester shall furnish a copy of its 
complete protest to the official and location designated in the 
solicitation, or in the absence of such a designation to the 
contracting officer, on the same day the protest is filed with the 
GSBCA. Any request for a hearing on either a suspension of procurement 
authority or on the merits shall be in the protest.
* * * * *
    (d)(1) If a protest contains a timely request for a suspension of 
procurement authority, the Board will hold a hearing. A timely request 
for suspension of procurement authority is one that is filed before 
award, within 10 days of award, or within five days of the offered 
debriefing, when the debriefing is required by 15.1003, whichever is 
later. The Board suspends the procurement authority unless the agency 
establishes that--
* * * * *
    (4) A suspension shall not preclude the agency concerned from 
continuing the procurement process up to but not including the award of 
the contract unless the Board determines such action is not in the best 
interests of the United States.
* * * * *
    (f) Any agreement that provides for the dismissal of a protest and 
involves a direct or indirect expenditure of appropriated funds shall 
be made part of the public record (subject to any protective order 
considered appropriate by the Board) before dismissal of the protest. 
If an agency is party to a settlement agreement, the submission of the 
agreement to the Board shall include a memorandum, signed by the 
contracting officer concerned, that describes in detail the 
procurement, the grounds for protest, the Government's position 
regarding the grounds for protest, the terms of the settlement, and the 
agency's position regarding the propriety of the award or proposed 
award of the contract at issue in the protest.
    (g) * * *
    (1) * * *
    (i) Filing and pursuing the protest, including reasonable attorney 
consultant, and expert witness fees, studies, analyses, tests; and
* * * * *
    (2) Costs awarded under paragraph (g)(1) of this section or 
payments of amounts due under settlement agreements shall be paid out 
in [[Page 2633]] accordance with the procedures provided in 31 U.S.C. 
1304 (the Permanent Indefinite Judgment Fund). The agency concerned 
shall reimburse that fund out of funds available for the procurement.
    (3) No agency shall pay a party, other than a small business 
concern within the meaning of section 3(a) of the Small Business Act 
(see 19.001, ``Small business concern''), costs under paragraph (g)(1) 
of this section--
    (i) For consultant and expert witness fees that exceed the highest 
rate of compensation for expert witnesses paid by the Government; or
    (ii) For attorneys' fees that exceed $150 per hour unless the Board 
determines, on a case by case basis, that an increase in the cost of 
living or a special factor, such as the limited availability of 
qualified attorneys for the proceedings involved, justifies a higher 
fee. The cap placed on attorneys' fees for businesses, other than small 
businesses, constitutes a benchmark as to what constitutes a 
``reasonable'' level for attorneys' fees for small businesses.
    (4) Within 30 days after receipt by the agency of an application 
for cost, the agency may file an answer.
    (h) The GSBCA's final decision may be appealed by the agency or by 
any interested party, including any intervening interested parties, as 
set forth in the Contract Disputes Act.
    7. Section 33.106 is amended by revising paragraph (a) to read as 
follows:


33.106  Solicitation provision and contract clause.

    (a) The contracting officer shall insert the provision at 52.233-2, 
Service of Protest, in solicitations for other than simplified 
acquisitions.
* * * * *
    8. Section 33.201 is amended by revising the definition ``Alternate 
means of dispute resolution''; and in the definition ``Claim'' by 
removing the amount ``$50,000'' and inserting ``$100,000''.


33.201  Definitions.

    Alternate dispute resolution (ADR) means any procedure or 
combination of procedures voluntarily used to resolve issues in 
controversy without the need to resort to litigation. These procedures 
include, but are not limited to, assisted settlement negotiations, 
conciliation, facilitation, mediation, fact-finding, minitrials, and 
arbitration.
* * * * *
    9. Section 33.206 is revised to read as follows:


33.206  Initiation of a claim.

    (a) Contractor claims shall be submitted, in writing, to the 
contracting officer for a decision within 6 years after the contractor 
knew or should have known the facts and circumstances giving rise to 
the issue in controversy unless a shorter time period has been agreed 
to. This 6 year time period does not apply to contracts in existence as 
of October 13, 1994, that contain a clause requiring submittal of a 
claim earlier than 6 years after accrual of the claim. The contracting 
officer shall document the contract file with evidence of the date of 
receipt of any submission from the contractor deemed to be a claim by 
the contracting officer.
    (b) The contracting officer shall issue a written decision on any 
Government claim initiated against a contractor within 6 years after 
accrual of the claim. The 6 year period shall not apply to a Government 
claim against a contractor that is based on a claim by the contractor 
involving fraud.


33.207  [Amended]

    10. Section 33.207 is amended in paragraph (a)(1) by removing 
``$50,000'' and inserting ``$100,000''.


33.208  [Amended]

    11. Section 33.208 is amended in paragraph (c) by removing ``as 
defined in 33.201,''.
    12. Section 33.211 is amended in paragraph (a)(4)(v) by removing 
the amounts ``$10,000'' and ``$50,000'' and inserting ``$50,000'' and 
``$100,000'', respectively; in paragraphs (c)(1), (c)(2) and (e) by 
removing the amounts ``$50,000'' and inserting ``$100,000''; and by 
revising paragraph (f) to read as follows:


33.211  Contracting officer's decision.

* * * * *
    (f) In the event of undue delay by the contracting officer in 
rendering a decision on a claim, the contractor may request the 
tribunal concerned to direct the contracting officer to issue a 
decision in a specified time period determined by the tribunal.
* * * * *
    13. Section 33.214 is amended by redesignating paragraphs (b) 
through (d) as (c) through (e) and adding a new paragraph (b) to read 
as follows:


33.214  Alternative dispute resolution (ADR).

* * * * *
    (b) If the contracting officer rejects a request for ADR from a 
small business contractor, the contracting officer shall provide the 
contractor written explanation citing one or more of the conditions in 
5 U.S.C. 572(b) or such other specific reasons that ADR procedures are 
inappropriate for the resolution of the dispute. In any case where a 
contractor rejects a request of an agency for ADR proceedings, the 
contractor shall inform the agency in writing of the contractor's 
specific reasons for rejecting the request.
* * * * *

PART 39--ACQUISITION OF INFORMATION RESOURCES

    14. Section 39.002 is amended by redesignating paragraph (b) as (c) 
and adding a new paragraph (b) to read as follows:


39.002  Delegations of procurement authority.

* * * * *
    (b) The Administrator of the General Services Administration, or 
the appropriate official of any agency authorized to issue a 
redelegation of procurement authority, may issue a delegation of 
procurement authority (DPA) for any procurement initiated or contract 
award executed without the requisite DPA. If the Administrator or other 
appropriate agency official issues a DPA, the originally executed 
contract may be ratified by the contracting agency. Preaward 
procurement actions taken prior to obtaining a DPA do not need to be 
reaccomplished.
* * * * *
    15. Subpart 42.15 is added to read as follows:

Subpart 42.15--Small Business Contract Administration


42.1501  General.

    The contracting officer shall make every reasonable effort to 
respond in writing within 30 days to any written request to the 
contracting officer from a small business concern with respect to a 
contract administration matter. In the event the contracting officer 
cannot respond to the request within the 30 day period, the contracting 
officer shall, within such period, transmit to the contractor a written 
notification of the specific date the contracting officer expects to 
respond. This provision shall not apply to a request for a contracting 
officer decision under the Contract Disputes Act of 1978 (41 U.S.C. 
601-613).

PART 50--EXTRAORDINARY CONTRACTUAL ACTIONS


50.303  [Redesignated as 50.303-1]

    16. Section 50.303 is redesignated as 50.303-1 and a new 50.303 
heading is added to read as follows: [[Page 2634]] 


50.303  Contract adjustment.

* * * * *
    17. Section 50.303-2 is added to read as follows:


50.303-2  Contractor certification.

    A contractor seeking a contract adjustment that exceeds the 
simplified acquisition threshold shall, at the time the request is 
submitted, submit a certification by a person authorized to certify the 
request on behalf of the contractor that (a) the request is made in 
good faith and (b) the supporting data are accurate and complete to the 
best of that person's knowledge and belief.

PART 52--SOLICITATION PROVISIONS AND CONTRACT CLAUSES

    18. Section 52.233-1 is amended by revising the date of the clause, 
the third sentence in paragraph (c), and paragraph (d)(1); in paragraph 
(d)(2)(i)(A) and (e) by removing ``$50,000'' each place it occurs and 
inserting ``$100,000''; and by revising paragraph (g) to read as 
follows:


52.233-1  Disputes.

* * * * *

Disputes (Date)

* * * * *
    (c) * * * However, a written demand or written assertion by the 
Contractor seeking the payment of money exceeding $100,000 is not a 
claim under the Act until certified as required by subparagraph 
(d)(2) of this clause. * * *
    (d)(1) A claim by the Contractor shall be made in writing and, 
unless otherwise stated in this contract, submitted within 6 years 
after accrual of the claim to the Contracting Officer for a written 
decision. A claim by the Government against the Contractor shall be 
subject to a written decision by the Contracting Officer.
* * * * *
    (g) If the claim by the Contractor is submitted to the 
Contracting Officer or a claim by the Government is presented to the 
Contractor, the parties, by mutual consent, may agree to use ADR. If 
the Contractor refuses an offer for alternative disputes resolution, 
the Contractor shall inform the Contracting Officer, in writing, of 
the Contractor's specific reasons for rejecting the request. When 
using arbitration conducted pursuant to 5 U.S.C. 575-580, or when 
using any other ADR technique that the agency elects to handle in 
accordance with the ADRA, any claim, regardless of amount, shall be 
accompanied by the certification described in subparagraph 
(d)(2)(iii) of this clause, and executed in accordance with 
subparagraph (d)(3) of this clause.
* * * * *
    19. Section 52.233-2 is amended by revising the date of the clause; 
and adding paragraph (c) to read as follows:


52.233-2  Service of Protest.

* * * * *

Service of Protest (Date)

* * * * *
    (c) In this procurement, you may not protest to the GSBCA 
because of the nature of the supplies being procured. (Contracting 
Officer shall strike the word ``not'' where the GSBCA is a correct 
forum.)

    (End of provision)

    20. Section 52.233-3 is amended by revising the date of the clause; 
and in paragraph (a) by revising the first sentence to read as follows:


52.233-3  Protest after Award.

* * * * *

Protest After Award (Date)

* * * * *
    (a) Upon receipt of a notice of protest (as defined in 33.101 of 
the FAR) or a determination that a protest is likely (see FAR 
33.102(d)), the Contracting Officer may, by written order to the 
Contractor, direct the Contractor to stop performance of the work 
called for by this contract. * * *
* * * * *
[FR Doc. 95-482 Filed 1-9-95; 8:45 am]
BILLING CODE 6820-34-P