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Protest Bid in the US - Assignment Example

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From the paper 'Protest Bid in the US" it is clear that if the contractor sues the government agency for payment, it is a fact that the only remedy will be specific performance after correction or replacement if the contracting officer agrees to the dispute…
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Protest Bid in the US
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According to the FAR 33.101 protests can be post-award or pre-ward. A pre-ward protest is filled before bids or when the offers are due with the aim of protesting against improper specifications, omissions, and indefinite factors of evaluation or ambiguities. On the other hand, a post-award protest is filled after the award has been made to oppose/protest the award itself. The United States Court of Federal Claims exercises jurisdictions over claims against that of the Federal government. However, in government cases, the court has the jurisdiction to only hear pre-award bid protests.

  Problem two The FAR clause FAR 52.246-1 contractors are under obligation to carry out inspection of their supplies whether technical or supply for materials etc. (Feldman, 2013). Therefore, it is the duty f the contractor to ensure that the technical software system conforms to the requirements stated in the contract and should make any good if defects are detected. In such circumstances, the contract is voidable to the advantage of the government. However, according to the FAR clause 52.246-2 (g), the contracting officer can require the contractor to replace or correct the defect in the software system or the Federal government can correct or replace the software and recoup the expense from the contract price. 

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