POST-AWARD: RESOLVING DISAGREEMENTS

“Agencies shall provide for review at a level above the contracting officer to consider disagreements between the parties regarding the evaluation.” FAR1

The FAR requires that the contractor be given an opportunity not only to rebut the contracting officer’s assessment of performance (Chapter 10) but also to provide for a review when the contracting officer denies the contractor’s rebuttal. This chapter provides guidance to agencies to ensure that such reviews are carried out in an equitable and expeditious manner.

We begin with a definition of terms. What constitutes a “level above the contracting officer”? How are “disagreements” defined? Who are the “parties” involved? The following should be considered ...

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