[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: 48CFR333.103]



[Page 61-62]

 

            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. 333.103  Protests to the agency.



    (f)(1) The contracting officer is authorized to make the 

determination, using the criteria in FAR 33.104(b), to award a contract 

notwithstanding the protest after obtaining the concurrence of the 

contracting activity's protest control officer and the Office of General 

Counsel--Business and Administrative Law Division (OGC-BAL). If the 

protest has been lodged with the Secretary, is addressed to the 

Secretary,



[[Page 62]]



or requests referral to the Secretary, approval shall also be obtained 

from the Director, Division of Acquisition Policy (DAP) before making 

the award.

    (2) The contracting officer shall require written confirmation of 

any oral protest. To be considered timely, the written confirmation must 

be filed in accordance with the applicable provisions in 333.102(a). In 

the following cases, written protests received by the contracting 

officer before award shall be forwarded, through acquisition channels, 

to the DPCO for processing. Files concerning these protests shall be 

submitted in duplicate, or as otherwise specified by the DPCO and sent 

in the most expeditious manner, marked ``IMMEDIATE ACTION--PROTEST 

BEFORE AWARD'', and contain the documentation referenced in 

333.104(a)(3).

    (i) The protestant requests referral to the Secretary of Health and 

Human Services;

    (ii) The protest is known to have been lodged with the Comptroller 

General or the Secretary, or is addressed to either; or

    (iii) The contracting officer entertains some doubt as to the proper 

action regarding the protest or believes it to be in the best interest 

of the Government that the protest be considered by the Secretary or the 

Comptroller General. Otherwise, protests addressed to the contracting 

officer may be answered by the contracting officer, with the concurrence 

of the contracting activity's protest control officer and OGC-BAL.

    (3) Protests received after award shall be treated as indicated in 

FAR 33.103(b)(3).