(d)(4) The independent review as described in FAR 33.103(d)(4) shall be performed by the Departmental Competition Advocate.
(f) Action upon receipt of protest. (1) For protests filed with the Department and received before award, the contracting office shall first obtain the advice of the Office of the Legal Adviser when determining to proceed with the contract award. The determination shall be approved by the head of the contracting activity. In those cases where the contracting officer is also the head of the contracting activity, the determination shall be approved by the Procurement Executive.
(3) For protests filed with the Department and received after award, the contracting officer shall first obtain the advice of the Office of the Legal Adviser before determining that continued performance is justified. The determination shall be approved by the head of the contracting activity. In those cases where the contracting officer is also the head of the contracting activity, the determination shall be approved by the Procurement Executive.
