48 C.F.R. § 52.233-3

52.233-3 Protest After Award.

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As prescribed in 33.106(b), insert the following clause:

Protest After Award (AUG 1996)

(a) Upon receipt of a notice of protest (as defined in FAR 33.101) 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. The order shall be specifically identified as a stop-work order issued under this clause. Upon receipt of the order, the Contractor shall immediately comply with its terms and take all reasonable steps to minimize the incurrence of costs allocable to the work covered by the order during the period of work stoppage. Upon receipt of the final decision in the protest, the Contracting Officer shall either—

(1) Cancel the stop-work order; or

(2) Terminate the work covered by the order as provided in the Default, or the Termination for Convenience of the Government, clause of this contract.

(b) If a stop-work order issued under this clause is canceled either before or after a final decision in the protest, the Contractor shall resume work. The Contracting Officer shall make an equitable adjustment in the delivery schedule or contract price, or both, and the contract shall be modified, in writing, accordingly, if—

(1) The stop-work order results in an increase in the time required for, or in the Contractor's cost properly allocable to, the performance of any part of this contract; and

(2) The Contractor asserts its right to an adjustment within 30 days after the end of the period of work stoppage; provided, that if the Contracting Officer decides the facts justify the action, the Contracting Officer may receive and act upon a proposal submitted at any time before final payment under this contract.

(c) If a stop-work order is not canceled and the work covered by the order is terminated for the convenience of the Government, the Contracting Officer shall allow reasonable costs resulting from the stop-work order in arriving at the termination settlement.

(d) If a stop-work order is not canceled and the work covered by the order is terminated for default, the Contracting Officer shall allow, by equitable adjustment or otherwise, reasonable costs resulting from the stop-work order.

(e) The Government's rights to terminate this contract at any time are not affected by action taken under this clause.

(f) If, as the result of the Contractor's intentional or negligent misstatement, misrepresentation, or miscertification, a protest related to this contract is sustained, and the Government pays costs, as provided in FAR 33.102(b)(2) or 33.104(h)(1), the Government may require the Contractor to reimburse the Government the amount of such costs. In addition to any other remedy available, and pursuant to the requirements of subpart 32.6, the Government may collect this debt by offsetting the amount against any payment due the Contractor under any contract between the Contractor and the Government.

(End of clause)

Alternate I (JUN 1985). As prescribed in 33.106(b), substitute in paragraph (a)(2) the words “the Termination clause of this contract” for the words “the Default, or the Termination for Convenience of the Government clause of this contract.” In paragraph (b) substitute the words “an equitable adjustment in the delivery schedule, the estimated cost, the fee, or a combination thereof, and in any other terms of the contract that may be affected” for the words “an equitable adjustment in the delivery schedule or contract price, or both.”

[50 FR 25681, June 20, 1985, as amended at 54 FR 29284, July 11, 1989; 60 FR 48231, 48276, Sept. 18, 1995; 61 FR 41472, Aug. 8, 1996]
Notes of Decisions
Cited in 6 cases, 1993–2015 · leading case: Beta Analytics International, Inc. v. United States
Beta Analytics International, Inc. v. United States (2007) uscfc · cites it 2× “The Solicitation included the standard FAR provision regarding protests after award filed with the agency or with the Government Accountability Office ("GAO"), 48 C.F.R. § 52.233-3 (Alternate I), see Admin.”
Interstate General Government Contractors, Inc. v. Togo West, Secretary of the Army (1993) cafc “The contract also contained a standard protest clause pursuant to 48 C.F.R. § 52.233-3 (1985) providing authority for the contracting officer (CO),to issue a stop-work order if a bid protest were filed, and for an equitable adjustment to the contractor if a stop-work order…”
Labat-Anderson, Inc. v. United States (1999) uscfc “233-3, the Protest After Award clause, authorizes federal agencies to issue stop-work orders upon receiving notice of a bid protest, and requires contracting officers to make an equitable adjustment in the “estimated cost, the fee, or a combination thereof’ if the stop-work…”
California Industrial Facilities Resources, Inc. v. United States (2008) uscfc · cites it 2× “AR 152; see also 48 C.F.R. § 52.233-3 (“Upon receipt of a notice of protest [ ] or a determination that a protest is likely [ ], the Contracting Officer may, by written order to the Contractor, direct the Contractor to stop performance of the work called for by th[e] contract.”
Green Management Corp. v. United States (1998) uscfc “Where there has been a protest-based suspension of performance, the contract term may be adjusted under the “Protest After Award” clause found at 48 C.F.R. § 52.233-3 (1987). This clause provides that if a stop-work order is lifted after the protest is resolved, the contractor…”
Fci Federal, Inc. v. United States (2015) uscfc “After the complaint was filed, however, USCIS has issued a stop- work order under 48 C.F.R. § 52.233-3 and has warranted that the stop-work order will remain in effect until GAO issues a decision in the pending protest.”
Annotations are extracted automatically from the opinions in the Syfert caselaw corpus and ranked by authority, recency, and treatment. Dots show Syfertize treatment of the citing case itself.