(f)(1) The Contracting Officer is authorized to make the determination, using the criteria in FAR 33.104(b) , to award a contract notwithstanding the protest after obtaining the concurrence of the contracting activity's protest control officer and the OGC-GLD. If a protest has been lodged with the Secretary, is addressed to the Secretary, or requests referral to the Secretary, the Contracting Officer shall also obtain approval from Associate DAS for Acquisition and OGC-GLD before making the award.
(2) The Contracting Officer shall require written confirmation of any oral protest. To be considered timely, the protester must file a written confirmation in accordance with the applicable provisions in FAR 33.102(d)(2) and (e) . In the following cases, the Contracting Officer shall forward written protests received before award through appropriate acquisition channels, including the HCA, to OGC-GLD for processing:
(i) The protester requests referral to the Secretary of HHS.
(ii) The protest is known to have been lodged with GAO or the Secretary or is addressed to either.
(iii) The Contracting Officer entertains some doubt as to the proper action regarding the protest or believes it to be in the best interest of the Government that the Secretary or GAO consider the protest. Otherwise, the Contracting Officer may answer protests addressed to the Contracting Officer with the concurrence of the contracting activity's protest control officer and OGC-GLD.
The Contracting Officer shall submit files concerning these protests in duplicate, or as otherwise specified by OGC-GLD, within 5 calendar days after protest receipt; mark the files “IMMEDIATE ACTION-PROTEST BEFORE AWARD;” and include any documents relevant to issues raised in the protest.
(3) The Contracting Officer shall treat protests received after award as indicated in FAR 33.103(f)(3) .
