In the event of a protest of a competitively awarded Major Defense Acquisition Program or of an acquisition of services valued at $1 billion or more, the agency concerned shall provide a briefing to the Principal Director, Defense Pricing, Contracting, and Acquisition Policy, within 10 days of the filing of the protest. The briefing must outline—

(a) The basis of the protest;

(b) The agency’s position; and

(c) Any other information the agency deems relevant to the protest.

The Protest Tracker on the Procurement Integrated Enterprise Environment (PIEE) (accessible at https://wawf.eb.mil/) is the bid protest data repository required by section 822(c) of the National Defense Authorization Act for Fiscal Year 2019 (Pub. L. 115-232). When protests involving the same contract or proposed award, valued at any amount, have been filed at both the Government Accountability Office and the United States Court of Federal Claims (COFC), the contracting officer shall report the protest information required in the Protest Tracker no later than 10 days after the outcome of the protest at the COFC. Instructions on reporting protest information in the Protest Tracker are available on the PIEE webpage.

When it would be helpful in reviewing the current claim, the contracting officer should get information on claims previously filed by the contractor. Such information may provide a historical perspective of the nature and accuracy of the claims submitted by the contractor and how they were settled. Potential sources for the information include the contracting activity’s office of legal counsel, other contracting activities, and the Defense Contract Audit Agency.