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Regulation Proposal: HHSAR Interim Change -- Departmental Protest Control Officer (DPCO)

Interim Departmental Protest Control Officer (DPCO) Acquisition Guidance


December 19, 2007

To:               Heads of Contracting Activity

From:           Martin J. Brown /s/
                   Deputy Assistant Secretary for Acquisition Management and Policy

                   Daniel Barry /s/
                   Associate General Counsel, Officer of General Counsel—General Law Division

Subject:        Interim Departmental Protest Control Officer (DPCO) Acquisition Guidance


The roles and responsibilities of the Health and Human Services (HHS) Departmental Protest Control Officer shall transition from the Office of Acquisition Management and Policy (ASAM-OAMP) to the Office of the General Counsel, General Law Division (OGC-GLD).  The attached acquisition guidance governs this transition and is effective immediately.

Placing the Departmental Protest Control Officer function within OGC-GLD aligns HHS, organizationally, with other Federal agencies.  This function is deemed to be legal in nature and is performed by legal counsel in other Federal agencies; the proposed transfer of this function from ASAM-OAMP to OGC-GLD makes good business sense.    

HHS OGC-GLD assumes the Departmental Protest Control Officer function, serves as the notification point with the Government Accountability Office (GAO) for all protests, serves as the focal point on all protest-related communications for OPDIV protest control officers, and provides all necessary legal support in defense of protests.

The attached acquisition guidance outlines protest policies that the acquisition community will adhere to pending formal promulgation in the HHS Acquisition Regulation (HHSAR).  If there are any questions, please contact Ms Doris Gibson at 202-690-7590.



Interim Departmental Protest Control Officer (DPCO) Acquisition Guidance