(c) For the purposes of the contracting officer's Findings and Decision, the following definitions apply: (1) A "fact" is an occurrence or an event. (2) "Evidence" is any material tending to prove or disprove a fact. (3) "Finding" is the conclusion reached after the examination or consideration of the facts. (4) "Decision" is the judgment or answer rendered. (d) Where questions of fact are in dispute, each question or issue raised in the contractor's claim should be separately considered in the findings and a decision made on each individual issue before a summary decision is reached on the over-all claim. It is extremely important that there be no misunderstanding as to the specific points at issue. Where the claim is not clear, the contracting officer should request a clarification as to what points are at issue prior to his analysis of the claim. § 4-50.104-2 Format. (Letterhead) (Date) CONTRACTING OFFICER'S FINDINGS AND DECISION Introduction. The introduction consists of a complete description of the project by name, description, and location, the contractor's name and address, dollar amount of the contract, the contract number, and the name and address of the Contracting Officer. Contractor's Olaim. State the amount the contractor is claiming (in dollars and cents and/or in time) and briefly state the reasons presented by the contractor as a basis for the claim. Attach a copy of the claim as an exhibit. The purpose of this statement before continuing with the Findings is to indicate at the outset exactly what the overall claim or dispute involves. Findings. Each specific issue that can be handled separately from other issues in the claim should be given a claim number and descriptive title for ready identification and correlated with the attached copy of the claim. Similarly, where issues cannot be logically considered separately, they should be grouped together under a descriptive title and claim number. Each claim should then be dealt with to completion as indicated below before the next is introduced. (a) Contract Requirements. Include all contract provisions and specifications that are applicable in resolving each of the points at issue. In the interest of brevity and avoiding repetition, it is usually desirable to make references to exhibits or to footnotes rather than quoting the entire provi 343 sion or specification. Direct quotations may be used when necessary for clarity or emphasis. (b) Facts. A narrative recitation of the evidence and all facts of performance pertaining to the issue must be made. Material needed to prepare the narrative may be obtained from many sources such as, but not limited to, records or any other evidence submitted by the contractor; statements from expert witnesses or persons with know!edge of the issue in dispute; job diaries, engineers' field books, time and payroll records, suppliers' delivery records, contract modifications, etc. If statements are obtained from persons with knowledge of the issue in dispute, it is preferable that they be in the form of affidavits. These may be attached as exhibits and referenced in appropriate places, or direct quotations from the exhibits may be included if necessary for clarity or emphasis. (c) Analysis. Each issue raised by the contractor must be weighed against the contract requirements and the facts. The results of this analysis constitute the contracting officer's finding on the claim. Decision of the Contracting Officer. Each analysis of the issues is the basis for a respective portion of the decision. If neither additional payment or performance is allowed, so indicate. If additional payment and/or performance time is allowed, itemize the basis therefor and show the totals for the entire claim. Corclude the decision with the following paragraph as required by § 1-1.818: "This decision is made in accordance with the Disputes clause and shall be final and conclusive as provided therein, unless, within thirty days from the date of receipt of this decision, a written notice of appeal addressed to the Secretary of Agriculture is mailed or otherwise furnished to the Contracting Officer. The notice of appeal, which is to be designed by you as the contractor or by an attorney acting on your behalf, and which may be in letter form, should indicate that an appeal is intended, should refer to this decision and should identify the contract by number. The notice of appeal may include a statement of the reasons why the decision is considered to be erroneous." 84-50.105 Record of evidence to be maintained. The contracting officer shall maintain a complete record of the evidence upon which his decision is based. Subpart 4-50.2—Contract Appeals SOURCE: The provisions of this Subpart 4.50-2 appear at 83 F.R. 17917, Dec. 8, 1968, unless otherwise noted. § 4-50.201 Manner of filing appeals. (a) Appeals may be taken from decisions of contracting officers of the Department involving disputed questions of fact under contracts, the terms of which provide that such appeals may be made. (b) Such appeals shall be taken by mailing or otherwise furnishing to the Contracting Officer a written appeal addressed to the head of the Department (the Secretary of Agriculture) within the time prescribed in the contract. § 4-50.202 Form and contents of appeal. The appeal shall clearly identify the decision from which the appeal is taken, the date of the decision, and the contract number. The appeal need not follow any prescribed form. It may be in the form of a letter and should contain a full statement of the exact nature of the dispute, the specific relief sought by the contractor, the pertinent facts and reasons in support of the contractor's contentions and, if the contractor desires to appear or be represented at an oral hearing, a request that a hearing be held. § 4-50.203 Receipt and transmittal. Upon receipt of the appeal, the officer receiving it shall certify the date of receipt, and such date shall be considered as the date of filing with the Board of Contract Appeals. The appeal shall be forwarded within 10 days after receipt through agency channels to the Board of Contract Appeals in care of the Hearing Clerk, Department of Agriculture. Washington, D.C. 20250. A copy of the letter transmitting the appeal to the Board shall be furnished to the Office of Operations. [39 FR 44203, Dec. 23, 1974] § 4-50.204 Board of Contract Appeals. The organization, functions, and rules of procedure of the Board of Contract Appeals, Department of Agriculture, are set forth in Title 7, Code of Federal Regulations, Part 24. (See § 4-52.506.) [39 FR 44203, Dec. 23, 1974] § 4-50.205 Request by contracting officer for hearing. If a hearing is not requested by the contractor, the contracting officer may request that a hearing be held by forwarding such a request in writing to the Board. § 4-50.206 Releases to contractors. It is not standard procedure in the usual contracting operations of this Department to execute final releases to the contractors upon conclusion of contracts. However, in any case where such a release or other contractual instrument waiving the Government's right to further claims is to be executed as a result of a decision of a Board of Contract Appeals, there shall be included a statement as follows: This document is not binding if later found to be in violation of the standards set forth in the Wunderlich Act. (41 U.S.C. 321). (See 43 Comp. Gen. 231 in connection with this requirement.) Subpart 5A-1.50-Report 5A-1.7401 control of 5A-1.5000 5A-1.5001 5A-1.5004 5A-1.5005 5A-1.5009 5A-1.5010 5A-1.5071 5A-1.5074 5A-1.5075 5A-1.5082 5A-1.5083 5A-1.5083-1 5A-1.5083-2 Conference procedure. Reports. Scope of subpart. Synopses of contract awards. subject to the Walsh-Healey Public Contracts Act. Reporting possible antitrust violations. Report of vendor performance. Form. Bills of lading. Subpart 5A-1.74-Control of Procurement Processing and Subpart 5A-1.75-[Reserved] Subpart 5A-1.76-[Reserved] AUTHORITY: The provisions of this Part 5A-1 issued under sec. 205 (c), 63 Stat. 390; 40 U.S.C. 486(c); and 41 CFR 5-1.101(c). SOURCE: The provisions of this Part 5A-1 appear at 32 F.R. 9402, June 30, 1967, unless otherwise noted. § 5A-1.000 Scope of part. This part describes the method by which the General Services Administration, Federal Supply Service (FSS), in coordination with the Automated Data Telecommunications Service and |