Commerce Acquisition Regulation; Agency Protest Procedures

The Department of Commerce amends the Commerce Acquisition Regulation (CAR) to implement the requirements of Executive Order 12979 and the Federal Acquisition Regulation (FAR) Part 33, Section 103, to include ``Agency Protest Procedures-Level Above the Contracting Officer.'' The Department of Commerce has an urgent need to publish its final rule stating the policy governing protests at the level above the Contracting Officer. These rules are currently being used by all Department of Commerce contracting activities. Accordingly, they provide uniform policy and procedures governing the filing and disposition of all pre award and post award agency protests of contracting actions at the level above the Contracting Officer. It should be emphasized, however, that the current rules and procedures pertaining to ordinary agency protests filed directly with the Contracting Officer remain in effect. These provisions include establishment of the protest decision authority for all Agency protests filed at the level above the Contracting Officer, the election of forum, the procedures for filing such protests, the minimal filing contents for a valid protest of this type, procedures for the protest disposition, the effects of protest filing on contract awards, and potential remedies available for resolution of these protests. These rules have been designed to create an additional avenue for resolving third party grievances in connection with the acquisition process and to avoid resolving these types of disputes through formal judicial processes.