§ 2833.102 - General.

2833.102 General.

(a) This part describes prescribes policies and procedures for processing protests to the Department of Justice DOJ in accordance with with FAR 33.103 and Executive Order 12979, Agency Procurement Protests, dated October 25, 1995, and FAR 33. 103. They are intended to be flexible and to provide for fair, quick, and inexpensive resolution of agency protests.

(b) Interested parties have the option of protesting to the Contracting Officer or to the Agency Protest Official.

(c) Contracting

officers and

potential protestors

contractors are encouraged to use their best efforts to resolve concerns outside of the protest process through frank and open discussion

,

as required by FAR 33.103(b)

. In resolving concerns and/or protests, consideration should be given to the use of

or through alternative dispute resolution techniques where appropriate.

(

d

c) Responsibilities are as follows:

(1) Contracting

Officers:

officers.

(i) Include the provision at JAR 2852.233-70 in all solicitations that are expected to exceed the simplified acquisition threshold.

(ii)

If the protestor requests that the Contracting Officer decide the protest, or if the protest is silent on this issue, the Contracting Officer decides the protest

When serving as the Deciding Official, decide the protest using the procedures in this subpart and FAR 33.103(d)(2).

(iii) If the protestor requests that the

Agency Protest Official decide the protest, the Contracting Officer must

protest be decided at a level above the contracting officer, the contracting officer shall ensure that the Agency Protest Official, once designated, receives a copy of the protest and any other materials

served on the Contracting Officer within one business day after the filing date

the protestor has provided to the contracting officer in support of the protest.

(2) Agency Protest Official

: If the protestor requests that the Agency Protest Official decide the protest, the Official must

. The APO shall use the procedures in this subpart and FAR 33.103 to provide an independent review of and decision on the issues raised in the protest.