[Code of Federal Regulations]

[Title 48, Volume 5]

[Revised as of October 1, 2006]

From the U.S. Government Printing Office via GPO Access

[CITE: 48CFR733.103-73]



[Page 45]

 

            TITLE 48--FEDERAL ACQUISITION REGULATIONS SYSTEM

 

             CHAPTER 7--AGENCY FOR INTERNATIONAL DEVELOPMENT

 

PART 733_PROTESTS, DISPUTES, AND APPEALS--Table of Contents

 

                         Subpart 733.1_Protests

 

Sec. 733.103-73  Protests excluded from consideration.



    (a) Contract administration. Disputes between a contractor and USAID 

are resolved pursuant to the disputes clause of the contract and the 

Contract Disputes Act of 1978.

    (b) Small business size standards and standard industrial 

classification. Challenges of established size standards or the size 

status of particular firms, and challenges of the selected standard 

industrial classification are for review solely by the Small Business 

Administration.

    (c) Procurement under Section 8(a) of the Small Business Act. 

Contracts are let under Section 8(a) of the Small Business Act to the 

Small Business Administration solely at the discretion of the 

Contracting Officer, and are not subject to review.

    (d) Protests filed in the General Accounting Office (GAO). Protests 

filed with the GAO will not be reviewed.

    (e) Procurements funded by USAID to which USAID is not a party. No 

protest of a procurement funded by USAID shall be reviewed unless USAID 

is a party to the acquisition agreement.

    (f) Subcontractor protests. Subcontractor protests will not be 

considered.

    (g) Judicial proceedings. Protests will not be considered when the 

matter involved is the subject of litigation before a court of competent 

jurisdiction or when the matter involved has been decided on the merits 

by a court of competent jurisdiction.

    (h) Determinations of responsibility by the contracting officer. A 

determination by the contracting officer that a bidder or offeror is or 

is not capable of performing a contract will not be reviewed by the M/OP 

Director.

    (i) Small Business Certificate of Competency Program. Any referral 

made to the Small Business Administration pursuant to section 8(b)(7) of 

the Small Business Act, or any issuance of, or refusal to issue, a 

certificate of competency under that section will not be reviewed by the 

M/OP Director.



[61 FR 39094, July 26, 1996, as amended at 64 FR 42040, Aug. 3, 1999]