Enclosure (1) to COMDTINST 4200.14A
NOTICE FOR FILING AGENCY PROTESTS
It is the policy of the Coast Guard to issue solicitations and make contract awards in a fair and
timely manner. The Ombudsman Program for Agency Protests (OPAP) was established to
investigate agency protest issues and resolve them without expensive and time-consuming
litigation. OPAP is an independent reviewing authority that is empowered to grant a prevailing
protester essentially the same relief as the General Accounting Office (GAO).
Interested parties are encouraged to seek resolution of their concerns within the Coast Guard as an
Alternative Dispute Resolution (ADR) forum, rather than filing a protest with the GAO or some
external forum. Interested parties may seek resolution of their concerns informally or opt to file a
formal agency protest with the contracting officer or Ombudsman.
Informal forum with the Ombudsman. Interested parties who believe that a Coast Guard
procurement is unfair or otherwise defective should first direct their concerns to the cognizant
contracting officer. If the contracting officer is unable to satisfy the concerns, the interested party is
encouraged to contact the Coast Guard Ombudsman for Agency Protests. Under this informal
process, the agency is not required to suspend contract award performance. Use of an informal
forum does not suspend any time requirement for filing a protest with the agency or other forum. In
order to ensure a timely response, interested parties should provide the following information to the
Ombudsman: solicitation/contract number, contracting office, contracting officer, and solicitation
closing date (if applicable).
Formal Agency Protest with the Ombudsman. Prior to submitting a formal agency protest,
protesters must first use their best efforts to resolve their concerns with the contracting officer
through open and frank discussions. If the protester's concerns are unresolved, an independent
review is available by the Ombudsman. The protester may file a formal agency protest to either the
contracting officer or as an alternative to that, the Ombudsman under the OPAP program. Contract
award or performance will be suspended during the protest period unless contract award or
performance is justified, in writing, for urgent and compelling reasons or is determined in writing to
be in the best interest of the Government. The agency's goal is to resolve protests in less than 35
calendar days from the date of filing. Protests shall include the information set forth at FAR
33.103(d)(2). If the protester fails to submit the required information, resolution of the protest may
be delayed or the protest may be dismissed. This will not preclude re-filing of the protest to meet
the requirement. To be timely, protests must be filed within the period specified in FAR 33.103(e).
Formal protests filed under the OPAP program should be forwarded to the address below:
Commandant (CG-851)
2100 2nd Street, SW, Room 2606
Washington, D. C. 20593
Telephone (202) 267-2285
Fax: (202) 267-4011
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