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section33.212

Contracting officer’s duties upon appeal

Overview

This section outlines the mandatory responsibilities of a contracting officer to provide evidentiary and administrative support to the Board of Contract Appeals (BCA) during a contractor's appeal of a final decision.

Key Rules

  • Mandatory Support: The contracting officer (CO) is required to provide data, documentation, information, and general support as requested by the BCA for pending appeals.
  • Scope of Duty: The obligation applies specifically to appeals arising from the contracting officer’s own formal decisions.
  • Procedural Compliance: The CO's interactions and support must adhere to specific agency procedures that govern contact with BCA personnel.

Practical Implications

  • Contracting officers must maintain comprehensive and organized administrative records, as these files serve as the primary evidence during the litigation process.
  • This requirement necessitates close coordination between the CO and agency legal counsel to ensure all required documentation is submitted accurately and within procedural timelines.

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