(a) The HCA shall -
(1) Furnish technical and legal assistance to the contracting officer as required; and
(2) Establish procedures to ensure that all appeals filed under the disputes clause are reviewed at a level higher than the contracting officer.
(b) The reviewing official designated by the HCA shall -
(1) Ensure that the findings cover all issues in dispute and are consistent with the decision from which the appeal is taken;
(2) Ensure that the contracting officer’s comprehensive report to the Chief Trial Attorney, including the evidence submitted in support of the contracting officer’s decision, is complete;
(3) Within 10 calendar days after receiving the contracting officer’s comprehensive report, forward to the Chief Trial Attorney -
(i) Evaluations, conclusions and recommendations;
(ii) Any additional evidence considered essential to enable the Chief Trial Attorney to protect the interests of the Government before the ASBCA; and
(iii) If the reviewing official decides that the contracting officer’s decision is not sufficiently supported by available and competent evidence or is erroneous, an estimated date by which either additional support will be furnished or the decision will be withdrawn; and
(4) Assist the Chief Trial Attorney in obtaining additional evidence or in making other necessary preparations for presenting the Government’s position before the ASBCA.
