§ 2833.103 - Protests to the agency.

2833.103 Protests to the agency.

(a) The filing time frames in FAR 33.103(e) apply. An agency protest is filed when the protest complaint is received at the location the solicitation designates for serving protests.

(b) Only interested parties may file a protest.

(c) An interested party filing an agency protest has the choice of requesting either that the

Contracting Officer or the Agency Protest Official

contracting officer or an individual above the level of the contracting officer decide the protest.

(

c

d) In addition to the information required by FAR 33.103(d)(2), the protest

must

shall:

(1) Indicate that it is a protest to the agency.

(2) Be filed with the

Contracting Officer

contracting officer or other official designated to receive protests.

(3) State whether the protestor chooses to have the

Contracting Officer or the Agency Protest Official

contracting officer or an individual above the level of the contracting officer decide the protest. If the protest is silent on this matter, the

Contracting Officer

contracting officer will decide the protest.

(4) Indicate whether the protestor prefers to make an oral or written presentation of arguments in support of the protest to the

deciding official

Deciding Official.

(

d)

e) Upon receipt of a protest by the agency, the contracting officer, even when not serving as the Deciding Official, will notify other vendors competing in the procurement of the protest, any stay of award or suspension of performance, and/or any determination under FAR 33.103(f)(1) or (3) if and when made.

(f) Intervenors to the protest are not permitted.

(g) The decision by the Agency Protest Official is an alternative to a decision by the

Contracting Officer

contracting officer on a protest. The Agency Protest Official will not consider appeals from a

Contracting Officer

contracting officer's decision on an agency protest

.

(e) The deciding official must conduct a scheduling conference with the protestor within five (5) days after the protest is filed. The scheduling conference will establish deadlines for oral or written arguments in support of the agency protest and for agency officials to present information in response to the protest issues. The deciding official may hear oral arguments in support of the agency protest at the same time as the scheduling conference, depending on availability of the necessary parties.

(f) Oral conferences may take place either by telephone or in person. Other parties may attend at the discretion of the deciding official.

(g) and a decision by the Agency Protest Official is final and not appealable.

(h) The protestor has only one opportunity to support or explain the substance of its protest.

Department of Justice

DOJ procedures do not provide for any discovery. The

deciding official

Deciding Official has discretion to request additional information from

either

the agency or the protestor.

However, the deciding official will normally decide protests on the basis of information provided by the protestor and the agency.

(

h) The preferred practice is to resolve protests through informal oral discussion.

(i) An interested party i) A protestor may represent itself or be represented by legal counsel. The Department of Justice DOJ will not reimburse the protester for any legal fees or costs related to the agency protest.

(j) If an agency protest is received before contract award, the Contracting Officer must contracting officer shall not make award unless the Head of the Contracting Activity HCA or designee makes a determination to proceed under FAR 33.103(f)(1). Similarly, if an agency protest is filed within ten (10) days after award or within 5 days after a debriefing date has been offered to the protester under a timely debriefing request under FAR 15.505 or 15.506, the Contracting Officer must stay whichever is later, the contracting officer shall suspend contract performance unless the Head of the Contracting Activity HCA or designee makes a determination to proceed under FAR 33.103(f)(3). Any stay of award or suspension of performance remains in effect until the agency protest is decided, dismissed, or withdrawn.

(k) The deciding official must make a best effort to issue a decision on the protest within twenty (20) days after the filing date. The decision 's decision may be oral or written. If oral, the deciding official must shall send a confirming letter within three (3) days after the decision using a means that provides receiptallows proof of receipt, including electronic mail. The confirming letter must include the following informationshall:

(1) State whether the protest was denied, sustained, or dismissed. ;

(2) Indicate the date the decision was provided; and

(3) Provide the rationale for the decision.

(l) If the deciding official sustains the protest, relief may consist of any of the following:

(1) Recommendation that Termination of the contract be terminated for convenience or cause.

(2) Recompeting the requirement.

(3) Amending the solicitation.

(4) Refraining from exercising contract options.

(5) Awarding a contract consistent with statute, regulation, and the terms of the solicitation Reevaluating the offers or bids and making a new award determination.

(6) Other action that the deciding official determines is appropriate.

(m) If the Agency Protest Official sustains a protest, then within 30 days after receiving the Official's recommendations for relief, the Contracting Officer must either:

(1) Fully implement the recommended relief; or

(2) Notify the Agency Protest Official in writing of any recommendations have not been implemented and explain why.

(n)

Proceedings on an agency protest

may

shall be dismissed

or stayed

if a protest on the same or similar basis is filed with a protest forum outside of

the Department of Justice

DOJ.