Skip to main content
U.S. flag

An official website of the United States government

Here’s how you know

Dot gov

Official websites use .gov
A .gov website belongs to an official government organization in the United States.

HTTPS

Secure .gov websites use HTTPS
A lock (LockA locked padlock) or https:// means you’ve safely connected to the .gov website. Share sensitive information only on official, secure websites.

  • About HHS
  • Programs & Services
  • Grants & Contracts
  • Laws & Regulations
  • Radical Transparency
  • Big Wins
Breadcrumb
  1. Home
  2. Grants & Contracts
  3. Contracts
  4. Contract Policies & Regulations
  5. HHS Acquisition Regulations (HHSAR)
  6. Part 333—Protests, Disputes, and Appeals
  • HHS Acquisition Regulations
    • Part 301—HHS Acquisition Regulation System
    • Part 302—Definitions of Words and Terms
    • Part 303—Improper Business Practices and Personal Conflicts of Interest
    • Part 304—Administrative Matters
    • Part 305—Publicizing Contract Actions
    • Part 306—Competition Requirements
    • Part 307—Acquisition Planning
    • Part 308—Required Sources of Supplies and Services
    • Part 309—Contractor Qualifications
    • Part 310—Market Research
    • Part 311—Describing Agency Needs
    • Part 312—Acquisition of Commercial Items
    • Part 314—Sealed Bidding
    • Part 315—Contracting by Negotiation
    • Part 316—Types of Contracts
    • Part 317—Special Contracting Methods
    • Part 319—Small Business Programs
    • Part 322—Application of Labor Laws to Government Acquisitions
    • Part 323—Renewable Energy Technologies, Occupational Safety
    • Part 324—Protection of Privacy and Freedom of Information
    • Part 326—Other Socioeconomic Programs
    • Part 327—Patents, Data, and Copyrights
    • Part 330—Cost Accounting Standards
    • Part 331—Contract Cost Principles and Procedures
    • Part 332—Contract Financing
    • Part 333—Protests, Disputes, and Appeals
    • Part 334—Major System Acquisition
    • Part 335—Research and Development Contracting
    • Part 336—Construction and Architect-Engineer Contracts
    • Part 337—Service Contracting—General
    • Part 339—Acquisition of Information Technology
    • Part 342—Contract Administration
    • Part 352—Solicitation Provisions and Contract Clauses
    • Part 370—Special Programs Affecting Acquisition
    • Subpart 313.3—Simplified Acquisition Methods

Part 333—Protests, Disputes, and Appeals

(SUBCHAPTER E—GENERAL CONTRACTING REQUIREMENTS)

Sections:

Subpart 333.1—Protests

  • 333.102 General
  • 333.103 Protests to the agency

Subpart 333.2—Disputes and Appeals

  • 333.203 Applicability
  • 333.209 Suspected fraudulent claims
    • 333.215-70 Contract clauses

Authority: 5 U.S.C. 301; 40 U.S.C. 121(c)(2).


Subpart 333.1—Protests

333.102 General.

(g)(1) The Office of General Counsel-General Law Division serves as the liaison for protests lodged with the Government Accountability Office (GAO); is designated as the office responsible for all protests within the Department of Health and Human Services; and serves as the notification point with GAO for all protests.

(2) The contracting officer will follow the direction of the Operating Division’s protest control officer for responding to protests whether they are filed with GAO or directly with the contracting officer.

333.103 Protests to the agency.

(f)(1) Protests to the contracting officer must be in writing. The contracting officer is authorized to make the determination, using the criteria in Federal Acquisition Regulation 33.104(b), to award a contract notwithstanding the protest after obtaining the concurrence of the contracting activity's protest control officer and consulting with the appropriate legal office.

Back to top

Subpart 333.2—Disputes and Appeals

333.203 Applicability.

(c) The Civilian Board of Contract Appeals is the authorized “Board” to hear and determine disputes for the Department.

333.209 Suspected fraudulent claims.

The contracting officer shall submit any instance of a contractor's suspected fraudulent claim to the Office of Inspector General for investigation.

Back to top

333.215-70 Contract clauses.

(a) The contracting officer shall insert the clause at 352.233-70, Choice of Law (Overseas), in solicitations and contracts when performance will be outside the United States, its possessions, and Puerto Rico, except as otherwise provided in a government-to-government agreement.

(b) The contracting officer shall insert the clause at 352.233-71, Litigation and Claims, in solicitations and contracts when a cost-reimbursement, time-and-materials, or labor-hour contract is contemplated (other than a contract for a commercial item).


Other Sections of the HHSAR:

  • HHS Acquisition Regulations Table of Contents
  • Previous Part: Part 332 Contract Financing
  • Next Part: Part 334 Major System Acquisition

Back to top

Content last reviewed December 18, 2015
Back to top

Subscribe to Email Updates

Receive the latest updates from the Secretary and Press Releases.

Subscribe
  • Contact HHS
  • Careers
  • HHS FAQs
  • Nondiscrimination Notice
  • Press Room
  • HHS Archive
  • Accessibility Statement
  • Privacy Policy
  • Budget/Performance
  • Inspector General
  • Web Site Disclaimers
  • EEO/No Fear Act
  • FOIA
  • The White House
  • USA.gov
  • Vulnerability Disclosure Policy
HHS Logo

HHS Headquarters

200 Independence Avenue, S.W.
Washington, D.C. 20201
Toll Free Call Center: 1-877-696-6775​

Follow HHS

Follow Secretary Kennedy