PART 33 -- PROTESTS, DISPUTES, AND APPEALS
(d)(4) Interested parties requesting an independent review of their protest at a level above the Contracting Officer will be handled by the Chief of Contracting Office and/or the Head of Contracting Office. The Contracting Officer shall notify potential bidders and offerors, within the solicitation, that an independent review is available as an alternative to the Contracting Officer’s consideration or as an appeal of the Contracting Officer’s decision on a protest.
(f)(1) The approving official for the justification/determination is the HCA. Approval requests shall be forwarded to the HCA electronically and be routed through the HCO and local legal counsel, and the OSBP if the protester is a small business.
(3) The approving official for the justification/determination is the HCA. Approval requests shall be forwarded to the HCA electronically and be routed through the HCO and local legal counsel (and the OSBP if the protester is a small business).
(S-90) Upon receipt of a protest, the contracting officer shall immediately advise the HCO, local legal counsel, and the Activity Competition Advocate. The contracting officer shall make a best effort to provide a written decision to the protester within 35 calendar days after receipt of the protest. The written decision shall be sent to the protester by certified mail. The decision, with all supporting documentation, shall be coordinated with local legal counsel. If the protest involves competition, coordination shall also be obtained from the Activity Competition Advocate. Supporting documentation should, as a minimum, include a copy of the following:
(1) The protest;
(2) The offer submitted by the protesting offeror;
(3) The offer which is being considered for award or which is being protested;
(4) The solicitation, including the specifications or portions relevant to the protest;
(5) The price/cost analysis or abstract of offers;
(6) Any other documents which are relevant to the protest;
(7) A statement signed by the contracting officer setting forth findings, actions, and recommendations; and
(8) Any additional evidence or information deemed necessary in determining the validity of the protest.
(b) Protests before award.
(1) The Contracting Officer must prepare a determination and findings (D&F) in accordance with FAR 33.104(b) to be signed by the HCA. However, no award can be made or selection announced prior to approval by the HCA. The Contracting Officer must also prepare a request for approval that identifies all protest issues and addresses the merits and expected resolution of the protest. Include details of any Congressional interest in the protest.
(c)Protests after award
(2) The Contracting Officer must prepare a determination and findings (D&F) ) in accordance with FAR 33.104(c) to be signed by the HCA
(S-90) HCA Notification.
(1) Upon receipt of a protest, the contracting officer shall immediately advise the HCO, local legal counsel, and the Activity Competition Advocate.
(2) The HCO shall notify the HCA within 1 business day of receipt of protest. The notification shall include the protestor’s name, allegations, the responsible Contracting Officer and Legal Attorney and notification of stop work order.
(3) The HCO shall provide recommended resolution to the HCA within 2 business days of receipt of protest that includes the position of whether to defend or not, the recommended corrective action, and the request for potential override by HCA.
(S-91) HCA Override.
The HCO shall notify the HCA of the intent to pursue an override within 1 business day after protest notification. The HCO shall coordinate the D&F with OGC and once OGC coordination is returned to the HCO, the D&F will be forwarded to the HCA for approval. The maximum business days from protest notification to presentation of the D&F to the HCA for approval shall not exceed 5 business days. The HCA will make a decision to authorize award or continued performance within 3 business days of receipt of the override D&F. The contracting officer shall immediately suspend performance while requesting an override.
(b)(2) Determination and Findings entitled “Authority to Not Apply the Contract Disputes Act (CDA) to Foreign Contracts” signed and dated 30 March 1995 is hereby posted at https://www.ditco.disa.mil/hq/procedure_memos.asp, DISA Procurement – DISA Procurement Policy and Procedure Memos.
Upon receipt of a claim, the contracting officer shall immediately advise the HCO and legal counsel.
(a) The contracting officer must coordinate with legal counsel and the HCO prior to issuing a final decision.
(S-90) Settlements. The contracting officer must work with legal counsel and coordinate
with a DITCO Cost Analyst and the HCO on proposed settlement agreements.