(b) (i) The Head of the Contracting Activity (HCA) may make agency head determinations regarding actions described in FAR 33.102(b)(1) and (b)(2). The HCA may redelegate no lower than the Principal Assistant Responsible for Contracting (PARC), the Chief of the supporting legal office, or the official designated as the independent review authority in accordance with FAR 33.103(d)(4).
(ii) Actions taken must be consistent with 10 U.S.C.2305(f), 31 U.S.C.3554, and FAR Part 33.
(iii) For award of costs, contracting officers must attempt to reach an agreement on the amounts to be paid to a protester or an interested party. If no agreement can be reached, persons exercising authority as cited in (i) above may, at the request of the protester or an interested party, make the final agency determination of the amount the contracting officer will pay.
(iv) Officials must consult legal counsel in exercising this authority.
