[Code of Federal Regulations]

[Title 48, Volume 7]

[Revised as of October 1, 2005]

From the U.S. Government Printing Office via GPO Access

[CITE: 48CFR2933.104]



[Page 39-40]

 

            TITLE 48--FEDERAL ACQUISITION REGULATIONS SYSTEM

 

                     CHAPTER 29--DEPARTMENT OF LABOR

 

PART 2933_PROTESTS, DISPUTES, AND APPEALS--Table of Contents

 

                         Subpart 2933.1_Protests

 

Sec. 2933.104  Protests to GAO.



    (a) General procedures. The HCA has the responsibility to prepare 

and provide to the General Accounting Office (GAO) the agency report 

with the information required by FAR 33.104(a). The agency report must 

be coordinated with the Office of the Solicitor before the report is 

signed and sent to the GAO.

    (b) Protests before award. The authority of the HCA under FAR 

33.104(b) to authorize a contract award when the agency has received 

notice from the GAO of a protest filed directly with the GAO is 

nondelegable. The HCA has the responsibility to prepare and provide to 

the GAO the written finding with the information required by FAR 

33.104(b)(1). The written finding must be coordinated with Office of the 

Solicitor before the HCA affirms its approval by signing the written 

finding and sending it to the GAO. Copies of the signed written finding 

and the signed written notice to the GAO must be provided to the Senior 

Procurement Executive within two (2) working days after they are sent to 

the GAO.



[[Page 40]]



    (c) Protests after award. The authority of the HCA under FAR 

33.104(c) to authorize contract performance when the agency has received 

notice from the GAO of a protest filed directly with the GAO is 

nondelegable. The HCA has the responsibility to prepare and provide to 

the GAO the written finding with the information required by FAR 

33.104(c)(2). The written finding must be coordinated with the Office of 

the Solicitor before the notice is signed by the HCA and sent to the 

GAO.

    (d) Notice to the GAO. The authority of the HCA under FAR 33.104(g), 

to report to the GAO the failure to fully implement the GAO 

recommendations with respect to a solicitation for a contract or an 

award or a proposed award of a contract within 60 days of receiving the 

GAO recommendations, is nondelegable. The written notice must be 

coordinated with the Office of the Solicitor before the notice is signed 

by the HCA and sent to the GAO. A copy of all notices to the GAO 

submitted in accordance with FAR 33.104(g) must be provided to the 

Senior Procurement Executive within (two) working days after they are 

sent to the GAO.