[Code of Federal Regulations]

[Title 48, Volume 4]

[Revised as of October 1, 2006]

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

[CITE: 48CFR333.102]



[Page 61]

 

            TITLE 48--FEDERAL ACQUISITION REGULATIONS SYSTEM

 

                  CHAPTER 3--HEALTH AND HUMAN SERVICES

 

PART 333_PROTESTS, DISPUTES, AND APPEALS--Table of Contents

 

                         Subpart 333.1_Protests

 

Sec. 333.102  General.





    (a) Contracting officers shall consider all protests or objections 

regarding the award of a contract, whether submitted before or after 

award, provided the protests are filed in a timely manner and are 

submitted by interested parties. To be considered timely, protests based 

on alleged improprieties in any type of solicitation which are apparent 

before bid opening or the closing date for receipt of proposals shall be 

filed prior to bid opening or the closing date for receipt of proposals. 

In the case of negotiated acquisitions, alleged improprieties which do 

not exist in initial solicitations, but which are subsequently 

incorporated by amendment, must be protested not later than the next 

closing date for receipt of proposals following the incorporation of the 

amendment. In other cases, protests shall be filed not later than ten 

(10) calendar days after the basis for protest is known or should have 

been known, whichever is earlier. Provided a protest has been filed 

initially with the contracting officer, any subsequent protest to the 

Secretary or GAO filed within ten (10) calendar days of notification of 

adverse action will be considered. Written confirmation of all oral 

protests shall be requested from protestants and must be timely filed.

    (g)(1) The Office of Acquisition Management (Division of Acquisition 

Policy (DAP)) has been designated as the headquarters office to serve as 

the liaison for protests lodged with GAO. Within the Division of 

Acquisition Policy (DAP), the Departmental Protest Control Officer 

(DPCO) has been designated as the individual to be contacted by GAO.

    (2) Each contracting activity shall designate a protest control 

officer to serve as an advisor to the contracting officer and to monitor 

protests from the time of initial notification until the protest has 

been resolved. The protest control officer should be a senior 

acquisition specialist in the headquarters acquisition staff office. In 

addition, contracting activities should designate similar officials 

within their principal components to the extent practicable and 

feasible. A copy of each appointment and termination of appointment of 

protest control officers shall be forwarded to the Director, Division of 

Acquisition Policy (DAP).