AFFARS Part 5333

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PART 5333-PROTESTS, DISPUTES, AND APPEALS

SUBPART 5333.1-PROTESTS

Air Force personnel should seek to resolve all protests at the lowest possible level regardless of the level at which the protest is initially lodged. When notified of a protest, the contracting activity shall immediately contact the protester to make sure the basis of the protest is fully understood, thoroughly consider its merits, and take appropriate action. Throughout the protest, frank and open discussions with the protester are encouraged. A candid explanation of the reasons for our contracting decisions and actions can frequently satisfy the protester's concerns and result in withdrawal of the protest. A decision to deny a protest shall be made at a level no lower than that at which the protest was lodged.

(a) Air Force personnel shall use the procedures in FAR Subpart 33.1 and shall consider, where appropriate, the rules and prior decisions of the Comptroller General when deciding agency level protests, including those on nonappropriated funds procurements.

(b) The MAJCOM may, with the concurrence of the cognizant staff judge advocate, deny protests lodged at or below the MAJCOM level. This authority may be redelegated to field activities. However, for protests that involve policy implications not fully covered by regulation or that have significant congressional interest, the MAJCOM shall request guidance from SAF/AQCX. Protests may be sustained at any level in the review process, with the concurrence of the cognizant staff judge advocate.

(c) The decision authority shall respond to the protester in writing, answering completely all protest allegations. For protests before award, the contracting activity shall not award a contract until the decision is sent to the protester. For protests submitted above the MAJCOM level, SAF/AQCX will notify the contracting officer when a decision is issued.

(d) When protests are lodged above the MAJCOM level, SAF/AQCX will normally request a protest file from the MAJCOM, prepared in accordance with FAR 33.104 (a)(3), modified appropriately. SAF/AQCX, in consultation with SAF/GCQ, shall prepare an Air Force decision on the protest.

[Amended per Contracting Policy Memo 98-C-02, AFFARS Case 97-10, and FAR 15 Revisions]

(a) General procedures.

SAF/AQCX will notify the appropriate field activity and MAJCOM when a protest has been lodged with GAO. The contracting officer shall:

SAF/AQCX-See Foreword for mailing address
Telephone (703) 614-4877
FAX (703) 693-5589

Department of the Air Force
Office of the Assistant General Counsel for Acquisition (SAF/GCQ), Room 4D980
1740 Air Force Pentagon
Washington, DC 20330-1740

Telephone (703) 697-3900

(b) Protests before award.

The Office of the General Counsel
U.S. General Accounting Office
441 G Street N.W.
Washington, DC 20548
Attn: Procurement Law Control Group

(c) Protests after award.

(e) Hearings.

(g) Notice to GAO.

5333.105-90 RESERVED

SUBPART 5333.2-DISPUTES AND APPEALS

If a contractor submits an uncertified claim exceeding $100,000, the contracting officer shall notify the contractor, in writing, of its failure to certify as required by the Contract Disputes Act (41 U.S.C. 601-613). The notice should state that a final decision will not be issued until the claim is certified.

(a) Except as provided in 5333.211 (b), the contracting officer shall refer proposed final decisions, with a complete contract file, to AFMC LO/JAB, 2240 B Street, Room C1, Wright-Patterson AFB, OH 45433-7112, (513) 255-6111 ext. 252, (513) 255-3204, DSN 785-6111 ext. 252, or DSN 785-3204, for review before sending the decision to the contractor.

(b) Final decisions on claims of $100,000 or less, and on terminations for default with estimated excess reprocurement costs of $100,000 or less, do not require AFMC LO/JAB review, provided the local staff judge advocate has reviewed and concurred with the final decision. However, any proposed final decision, regardless of dollar value, may be sent to AFMC LO/JAB for review if either the contracting officer or the local staff judge advocate determines that AFMC LO/JAB review is desirable.

(c) Telephone coordination of final decisions with AFMC LO/JAB is permitted when there is a genuine need for expedited review and when the case is simple, non-controversial, and unlikely to be appealed. Both the contracting officer and the local staff judge advocate should be on the line to discuss the case with AFMC LO/JAB.

(a) Appeals to the Armed Services Board of Contract Appeals (ASBCA).

(b) Actions in the United States Claims Court. If the contracting officer receives notice that an action has been filed in the United States Claims Court, the contracting officer shall notify the local staff judge advocate. The contracting officer shall assist the staff judge advocate in preparing the litigation report. The contracting officer shall send AFMC LO/JAB a copy of all notices of appeal to the United States Claims Court. Thereafter, the contracting officer shall give assistance as requested by HQ USAF/JACL.

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