AFFARS

AFFARS

Change Number: AFFARS Change 7/1/2022
Effective Date: 07/01/2022

Subpart 5333.1 - PROTESTS

5333.102 General

(a) The contracting officer must inform the SSA prior to rendering a decision to take corrective action or to settle a protest in any other manner before submitting its recommendation to the GAO, courts, or the arbitrator.

(b)(3)(ii) See MP5301.601 (a)(i) Head of the Contracting Activity (HCA) Matrix.

5333.103 Protests to the Agency

(d)(4) When an agency protest is denied, an offeror may request an independent review by the SCO.

(h) The contracting officer must prepare the protest file following an agency protest (including a protest of a non-appropriated funds procurement) regardless of the level at which the protest is filed. The contracting officer must request guidance from SAF/AQC for any protest likely to generate significant Congressional interest. The decision to deny a protest must be made at a level no lower than that at which the protest was filed. Protests may be sustained at any level in the review process, with the concurrence of the cognizant legal office.

5333.104 Protests to GAO

(a) The Air Force Commercial Litigation Field Support Center ( AF/JACQ ) serves as agency counsel before the GAO and defends Air Force interests (see MP5333.104 ) .

(b) Protests before award

(1) Forward the determination and finding through the SCO to AF/JACQ and, for approval, to SAF/AQC within seven days of the protest notification to SAF/AQC (see MP5301.601 (a)(i) Head of the Contracting Activity (HCA) Matrix.

(c) Protests after award

(2) Forward the determination and finding through the SCO to AF/JACQ and, for approval, to SAF/AQC within seven days of the protest notification to SAF/AQC (see MP5301.601 (a)(i) Head of the Contracting Activity (HCA) Matrix ).

(g) Notice to GAO

Forward the report through the SCO to AF/JACQ and to SAF/AQC for signature and submission to GAO within fifty-five days of date of receipt of the GAO recommendations (see MP5301.601 (a)(i) Head of the Contracting Activity (HCA) Matrix ).

5333.105 Protests to the United States Court of Federal Claims (COFC)

The Air Force Commercial Litigation Field Support Center (AF/JACQ) serves as the Air Force agency counsel to the Department of Justice (DoJ) for protests at the COFC and assists the assigned DoJ attorney in defending Air Force interests. The contracting officer must inform AF/JACQ of any notice of protest at the COFC and provide support as requested by AF/JACQ. The contracting officer must also notify the SCO and its supporting legal office/local attorney who provides contract law advice.

5333.170 Briefing Requirement for Protested Acquisitions Valued at $1B or More

Within seven (7) days of the filing of the protest, forward the briefing slide deck through the SCO to AF/JACQ and to SAF/AQC for review and processing to OUSD(A&S)/DPC.