NOAA Acquisition Manual

Main Table of Contents

Subchapter E- General Contracting Requirements


Part 1330-33 Protests, Disputes, and Appeals

Subpart 1330-33.1 Protests

1330-33.103 Protests to the Agency

1330-33.104 Protests to GAO

Subpart 1330-33.70 Notification and Reporting of Significant Events

1330-33.7001 Notification

1330-33.7002 Reporting

1330-33.7003 Response

 

Part 1330-33 Protests, Disputes, and Appeals

Subpart 1330-33.1 Protests

1330-33.103 Protests to the Agency

(d)(3) Upon receipt of a notification of protest, the contracting officer shall notify and provide a copy to the HCO concerning the protest. The HCO shall notify the BPO immediately after receipt of a protest. Protests received at a level higher than the contracting office shall be referred to the contracting office for resolution. Concurrent with this referral, the office that initially received the protest shall inform the protester, by identifying the contracting office that will handle the protest and provide the point of contact within that office.

Contracting officers shall also notify the OAM of the actual receipt of a protest within one business day from receipt of the notification of protest in accordance with the requirements of Procurement Memorandum PM 2010-10. The contracting officer shall prepare a Notification of Receipt of Protests, Lawsuits, and Appeals for the BPO. 

(f)(1) The HCO, or the BPO if the HCO is the contracting officer, shall make the determination to award a contract, pending agency resolution of the protest, after obtaining the concurrence of OGC CLD.

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1330-33.104 Protests to GAO

(a)

  1. Contracting officers shall prepare a Notification for Protests, Lawsuits, and Appeals memorandum to notify OAM of the actual receipt of a protest within one business day in accordance with the requirements of Procurement Memorandum 2010-10.  Contracting officers shall also notify OGC CLD immediately upon receipt of any protest, and begin communications to coordinate a protest response strategy and schedule of key activities to ensure a timely submission of the response to the GAO.
  2. The CLD shall advise the BPO of the protest. As part of the weekly report to the BPO, the HCO shall provide the case Number (B-number), the name of the protester, the solicitation number, the date and time the protest was received from the protester, the agency report due date, GAO decision date to CLD, and the contracting officer. The HCO shall ensure that CLD receives a copy of all documents related to the protest.
  3. The contracting officer shall make the required notifications in accordance with FAR 33.104(a)(2) and ensure that a redacted copy of the protest is released. All communications to parties not yet represented by counsel shall be reviewed by CLD prior to being issued. CLD shall directly respond to GAO.
    1. Process protests filed with GAO through the POD. These protests require coordination with the POD, the PE, the BPO, OGC CLD, and the contracting officer.
    2. The contracting officer, with the assistance of the COR, shall assemble the protest file, as described in FAR 33.104(a)(3)(ii).
    3. The contracting office shall obtain OGC CLD guidance in determining which documents to release or withhold from the protestor and interested parties.
    4. Working with OGC CLD, the contracting officer prepares the statement of facts in accordance with FAR 33.104(a)(3)(iv)(B) for inclusion in the agency report to GAO. The OGC CLD will prepare the complete agency report and submit it to GAO.
  4. In accordance with Commerce Acquisition Regulation 1333-104-70(b), CLD shall submit copies of the protest response and associated file to the GAO, the protestor, and any interveners. OGC CLD will provide the any additional documentation described in FAR 33.104(a)(4)(ii) (A) and (B).


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Subpart 1330-33.70 Notification and Reporting of Significant Events

1330-33.7001 Notification

(a) Contracting officers shall prepare a Notification for Protests, Lawsuits, and Appeals memorandum to notify the OAM of the actual receipt of a protest, in accordance with the requirements of Procurement Memorandum 2010-10.


(b) The HCO shall notify the BPO as soon as practicable of any potential protest, claim, or significant event.

(c) The memorandum shall be addressed from the contracting officer, through the BPO, to the PE.  The memorandum will be submitted for an SBPO Review prior to submission to the PE.

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1330-33.7002 Reporting

(a) Until resolved, the contracting officer shall provide an update of the status of significant events in the AGO weekly report, submitted on Thursday of each week unless otherwise designated.

1330-33.7003 Response

(a) Contracting officers shall prepare a Response to a Protests, Lawsuits, Claims, Appeals, or Other Significant Event memorandum to inform OAM of the filed response in accordance with the requirements of Procurement Memorandum 2010-10.

(b) The memorandum shall be addressed from the HCO, through the BPO, to the PE.  The memorandum will be submitted for an SBPO Review prior to submission to the PE.

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