52.233-3 Protest after Award.
As prescribed in 33.106(b), insert the following clause:
PROTEST AFTER AWARD (AUG 1989)
(a) Upon receipt of a notice of protest (as defined in 33.101 of
the FAR) the Contracting Officer may, by written order to the
Contractor, direct the 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
(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 stop-page; provided, that
if the Contracting Office decides the facts justify the action, the
Contracting Officer decides the facts justify the action, the Contracting
Officer may receive and act upon a proposal 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.
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