NOTICE FOR FILING AGENCY PROTESTS.pdf
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- Attached to
- MESS ATTENDANT SERVICES AT TWO DINING FACILITES AT U. S. COAST GUARD TRAINING CENTER YORKTOWN, VA
- Solicitation number
- 70Z08421RAA550100
About this file
This notice describes the United States Coast Guard's Ombudsman Program for Agency Protests. The program provides an alternative dispute resolution process for interested parties to voice concerns about specific Coast Guard procurements before filing a protest with the Government Accountability Office or in court. Under the informal process, parties may discuss issues with the Ombudsman without suspending contract performance. For a formal protest, parties must first attempt to resolve the matter with the Contracting Officer and may then file with the Officer or Ombudsman. Award or performance will be suspended for 35 days unless urgently needed.
The related solicitation seeks proposals for mess attendant services at two dining facilities of the Coast Guard Training Center in Yorktown, Virginia. The base period of performance is 1 June 2021 through 31 March 2022 with four option years. The solicitation is fully set aside for economically disadvantaged women-owned small businesses. Offerors must submit proposals through beta.SAM.gov by 17 April 2021. The Department of Homeland Security Coast Guard will award a contract for these services.
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NOTICE FOR FILING AGENCY PROTESTS
United States Coast Guard Ombudsman Program
It is the policy of the United States Coast Guard (USCG) to issue solicitations and make contract awards in a fair and timely manner. The Ombudsman Program for Agency Protests (OPAP) was established to investigate agency protest issues and resolve them without expensive and time consuming litigation.
OPAP is an independent reviewing authority that is empowered to grant a prevailing protester essentially the same relief as the Government Accountability Office (GAO). Interested parties are encouraged to seek resolution of their concerns within the USCG as an Alternative Dispute Resolution (ADR) forum rather than filing a protest with the GAO or some external forum.
Interested parties may seek resolution of their concerns informally or opt to file a formal agency protest with the Contracting Officer or Ombudsman. Informal Forum with the Ombudsman. Interested parties who believe a specific USCG procurement is unfair or otherwise defective should first direct their concerns to the applicable Contracting Officer. If the Contracting Officer is unable to satisfy their concerns, interested parties are encouraged to contact the U.S. Coast Guard Ombudsman for Agency Protests. Under this informal process the agency is not required to suspend contract award performance.
Use of an informal forum does not suspend any time requirement for filing a protest with the agency or other forum. In order to ensure a timely response, interested parties should provide the following information to the Ombudsman: solicitation/contract number, contracting office, Contracting Officer, and solicitation closing date (if applicable).
Formal Agency Protest with the Ombudsman. Prior to submitting a formal agency protest, protesters must first use their best efforts to resolve their concerns with the Contracting Officer through open and frank discussions. If the protester’s concerns are unresolved, an Independent Review is available by the Ombudsman. The protester may file a formal agency protest to either the Contracting Officer or as an alternative to that, the Ombudsman under the OPAP program.
Contract award or performance will be suspended during the protest period unless contract award or performance is justified, in writing, for urgent and compelling reasons or is determined in writing to be in the best interest of the Government. The agency’s goal is to resolve protests in less than 35 calendar days from the date of filing. Protests shall include the information set forth in FAR 33.103(d) (2). If the protester fails to submit the required information, resolution of the protest may be delayed or the protest may be dismissed. To be timely protests must be filed within the period specified in FAR 33.103(e).
Formal protests filed under the OPAP program should be submitted electronically to OPAP@uscg.mil and the Contracting Officer or by hand delivery to the Contracting Officer.
Election of Forum. After an interested party protests a Coast Guard procurement to the Contracting Officer or the Ombudsman, and while the protest is pending, the protester agrees not to file a protest with the GAO or other external forum. If the protest is filed with an external forum, the agency protest will be dismissed.
The Ombudsman Hotline telephone number is 202.372.3695.
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