Subpart 5633.1 - PROTESTS

Parent topic: Part 5633 - PROTESTS, DISPUTES AND APPEALS

5633.102 General.

(Revised December 2015)

(a)

(1) Upon receipt of a protest or notification of an upcoming protest, either before or after an award

and whether filed directly with the agency, the Government Accountability Office (GAO), the Small

Business Administration (SBA)/Office of Hearing and Appeals (OHA), or the courts, contracting

officers must immediately email notification to their LNO. The LNO will notify the Director of

Procurement, the Deputy Director of Procurement, Chief SOF AT&L-KM, KX, or KB as appropriate,

SOJA-AQ, and the Requiring Activity Official (RAO). The format for the notification email shall

include:

(i) Summary: Description of supplies or services, RFP release date, periods of performance. Provide

type of protest (e.g. agency or to GAO); pre or post award protest, and general basis for the protest.

(ii) Unit Impact: Describe the impact to the requiring activity (e.g. loss of continuing service, delay in

new equipment or services). In general, address how the requiring activity is affected by any delays

or actions associated with the protest.

(iii) GAO or Agency Decision Timeline: Date decision is expected or the protest is otherwise resolved.

(2) See the DCG for the responsibilities for recording and tracking protests.

5633.103 Protests to the Agency.

(Revised November 2018)

(d)

(3) Agency protest decisions shall be made by the Contracting Officer.

(A) When the contract requires contract clearance review by SOF AT&L-KM, KX, or KB as

appropriate, include the protest with the contract award documentation forwarded for review.

(B) When the contact requires contract clearance review by SOF AT&L-KM, KX, or KB as

appropriate, and a protest is received while the contract is being reviewed for clearance,

immediately forward the protest to SOF AT&L-KM, KX, or KB as appropriate for inclusion in the

contract award documentation.

(C) If the protest is received prior to award, contracting officers shall suspend award IAW FAR

33.103(f) (see f(1) below regarding override decisions).
(4)

(A) Within 10 calendar days of receipt of a request for independent review IAW FAR 33.103(d)(4) ,

the Contracting Officer shall forward to their assigned SOF AT&L-KM, KX, or KB LNO all the

supporting documentation required using the D&F format to issue a decision. All decisions and

recommended actions issued as the result of an independent review shall be approved at two (2)

levels above the KO.

(B) Changes in the status of the protest that are deemed significant by the contracting officer, such

as the filing of a protest with GAO, the withdrawal of a protest with GAO, or denial of a protest, shall

be promptly disseminated to the offices that received the initial protest alert. Electronic transmittal

is acceptable.

(f)(1) The Director of Procurement (DOP) shall make the determination to proceed with award prior

to resolution of protest.

(Added November 2007)

Follow the procedures in the DCG for Preparing Automatic Stay Override Determination and

Findings.

5633.104 Protests to GAO.

(Revised December 2013)

(a)(2) SOJA-AQ will coordinate filing the agency response and other protest matters through the

Commercial Litigation Field Support Center within the Air Force Legal Operations Agency to GAO.

5633.106 Solicitation Provisions and Contract Clauses.

(Revised November 2018)

Contracting Officers shall insert clause 5652.233-9000 , Independent Review of Agency Protest

Decision, in all solicitations.