d. The Ombudsman shall perform a thorough evaluation and take appropriate action to resolve
the protest issue.
e. All protest issues shall be coordinated with the Chief Trial Attorney, Office of Procurement
Law, Commandant (G-LPL).
f. The Ombudsman's goal is to render a written decision within 35 calendar days from the date
of filing a protest with the Ombudsman.
g. Extensions of time for filing the administrative report and/or for the issuance of the
written decision may be granted under extenuating circumstances. When an
extension is granted, the protester and all interested parties shall be notified within one
working day of the decision to grant an extension.
h. The contracting officer's administrative report generally will not be provided to the
protester. However, in appropriate cases, to facilitate evidentiary record development, a
copy of the report may be provided to the protester. The administrative report may be
redacted as necessary to protect competition sensitive information. In such cases, the
protester will be allowed to comment on the report and the time frames set forth above may
7. EFFECT OF PROTEST ON AWARD AND PERFORMANCE.
a. Protest before award. When a protest is filed with the agency prior to award, a contract
may not be awarded unless authorized by the HCA in accordance with FAR 33.103
b. Protests after award. When a protest is filed with the agency within 10 calendar
days after award, or within five calendar days after debriefing for any debriefing that
is required by FAR 15.506, the contracting officer shall suspend performance.
The HCA may authorize contract performance, notwithstanding the protest, upon a
written finding that:
(1) the contract performance will be in the best interest of the
(2) urgent and compelling circumstances that significantly affect the
Government will not permit waiting for a decision from the OPAP.
REMEDIES. The Coast Guard Ombudsman for Agency Protests may direct any
one or combination of the following remedies:
a. Terminate the contract;
b. Re-compete the requirement;