Page images
PDF
EPUB

(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" 18 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 Ladividual issue before & 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 claridcation as to what points are at issue prior to his analysis of the claim. $ 450.104–2 Format. (Letterhead)

(Dato) CONTRACTING OTTICER'S FINDINGS AND

DECISION Introduction. The introduction consistas of a completo description of the project by name, description, and location, the contractor's namo and address, dollar amount of the contract, the contract number, and tho name and address of the Contracting Oficer.

Contractor's Olaim. Stato the amount the contractor 18 claiming (10 dollars and cents and/or in time) and briefly stato 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 Mndings 18 to indicate at the outset exactly what the overall claim or disputo involves.

Findings. Each specific issue that can be handled separately from other issues in the claim should bo given & claim number and descriptivo 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 introducod.

(a) Contract Requirements. Include all contract provisions and spocifications that are applicable in resolving each of the points at Issue. In the interest of brevity and avoiding repetition, it is usually dosirablo to make references to exbibits or to foote potes rather than quoting the entire provi

sion or specification. Direct quotations may be used when necessary for clarity or emphasis.

(b) Pacts. A narrative recitation of the evidence and all facts of performanco 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 evidenco submitted by the contractor; statements from expert witnesses or persons with knowledge of the 188ue in dispute; Job diarles, ongineers' field books, time and payroll recorda, suppliers' delivery records, contract modig. cations, etc. I statements are obtained from persons with knowledgo of the issuo in dispute, it is preferable that they be in the form of aidavits. Theso may be attached as exhibits and referenced in appropriate places, or direct quotations from tho exhibits may be included 1 necessary for slarity or emphasis.

(c) Analysis. Each issue raised by the contractor must be weighed against the contract requiremonts and the facts. The rosults of this analysis constitute the contracting officer's anding on the claim.

Decision of the Contracting Oncer. Each analysis of the issues is the basis for a respectivo portion of the decision. neither additional payment or performance is allowed, 80 indicato. If additional payment and/or performance time is allowed, itemize the basis therefor and show the totals for tho entire claim. Cordude the decision with tho following paragraph as requirod by i 1-1.818:

"This decision is made in accordance with tho Disputes clause and shall be final and conclusive as provided therein, unless, within thirty days from the date of recelpt of this decision, a written notice of appeal addressed to the Secretary of Agriculturo is malled or otherwise furnishod to the Contracting Oficer. The notice of appeal, which is to be designed by you as the contractor or by an attorney acting on your behall, and which may be in letter form, should indicato 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 tho decision 18 considered to be erroneous." $450.105 Record of evidence to be

maintained. The contracting oficer shall maintain a complete record of the evidence upon which his decision is based. Subpart 4–50.2-Contract Appeals

SOURCE: Tho provisions of this Subpart 4.50_2 appoar at 88 FR, 17917, Doc. 8, 1968, unless otherwise noted. 84-50.201 Manner of filing appeals.

(a) Appeals may be taken from decisions of contracting oticers of the Department involving disputed questions of

66-008-76

-23

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 Oficer & written appeal addressed to the head of the Department (the Secretary of Agriculture) within the time prescribed in the contract. 8 4–50.202 Form and contents of appeal.

The appeal shall clearly identity 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, & 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) 84–50.204 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 offi

cer for hearing. If a hearing is not requested by the contractor, the contracting officer may request that a hearing be held by for warding such a request in writing to the Board. 84–50.206 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 I later found to be in violation of the standards set forth in the Wunderlich Act. (41 U S.C. 821). (See 43 Comp. Gen. 231 in connection with this requirement.)

CHAPTER 5A-FEDERAL SUPPLY SERVICE,
GENERAL SERVICES ADMINISTRATION 1

Part
5A-1 General
5A-2 Procurement by formal advertising
5A-3 Procurement by negotiation
5A-5 Special and directed sources of supply
5A-6 Foreign purchases
5A-7 Contract clauses
5A-8 Termination of contracts
5A-9 Patents, data, and copyrights
5A-10 Bonds and insurance
5A-11 Federal, State, and local taxes
5A-12 Labor.
5A-14 Inspection and acceptance
5A-16 Procurement forms
5A-19 Transportation.
5A-26 Contract modifications
5A-30 Contract financing
5A-53 Contract administration
5A-60 Contract appeals
5A-72 Procurement of stock items
5A-73 Federal Supply Schedule program
5A-74 Special purchase programs
5A-76 Exhibits

Page 345 391 419 430 434 438 461 466 468 470 472 485 489 491 497 499 506 524 533 554 579 588

PART 5A-1-GENERAL Sec. 6A-1.000 scopo or part

Subpart 5A-1.1-Introduction SA-1.101 Scopo ol subparte 84-1.102 General Services Administram

tion Procurement Regule

tions (GSPR). BA-1.103 Rolationship of GSPR Chap

tor 6A to tho FPR. SA-1.104 Applicability. SA-1.106 Izzclusions,

4 1.100 Mothod of WANOI. SA 1.107 Arrangement.

Soo.
A-1.107-1 Ganernl plan.
BA-1.107-3 Numbering.
BA-1.107-8 Cross-referenoa.
BA-1.108 Oltation.
BA-1.109 Davlation

Subpart 54-12-Definition of Terms
5A-1.206 Head of the procuring activity.
5A-1.250 Procuring director.

Subpart 5A-1.3-General Policies
BA-1.304 Designation of solicitation

opening time.
6A-1.306 Specifications.
BA-1.306–3 Exceptions to mandatory uso

of Federal Specifications.

For applicability provisions, BeO 40 FR 18446, Apr. 28, 1976.

Sec. 5A-1.305-3 Devlations from Federal Spec

ifications. 5A-1.305-6 Military and departmental

specifications. 5A-1.305-50 Use and availability of specif

cations and standards. 5A-1.305–70 Processing waivers and devia

tions. 6A-1.306 Standards. 6A-1.307 Purchase descriptions. 5A-1.307-1 Applicability. 6A-1.307-4 Brand name products or equal. BA-1.307-5 Limitations on use of "brand

name or equal" purchase

descriptions. 5A-1.307-8 Invitations for bids, "brand

name or equal" descriptions. BA-1.307-7 Bid evaluation and award,

"brand name or equal" de

scriptions. SA-1.807-8 Procedure for negotiated pro

curements and small pur

chases. GA-1.311 Priorities, allocations, and al

lotments. BA-1.916 Use ofllquidated damages

provisions in procurement

Subpart 5A-1.4-Procurement Responsibility

and Authority Sec. 6A-1.402 Authority of contracting of

ficers. 6A-1.402-70 General responsibility of con

tracting oficers. 5A-1.402-71 Responsibility for assuring the

availability of funds. 5A-1.402-72 Applicable penal statutes. 6A-1.404 Soloction, designation, and

termination of designation

of contracting oticers. 5A-1.404_2 Designation. 5A-1.404-3 Termination of appointment

of contracting officers. 6A-1.404-70 Contracting officers' repre

sentatives. Subpart 5A-1.5—Contingent Fees 5A-1.607 Use of Standard Form 119. Subpart 5A-1.6-Debarred, Suspended, and

Inoligible Bidders 5A-1.602 Establishment and mainte

nance of a list of concerns or individuals debarred, suspended, or declared in

eligible. 5A-1.604-1 Procedural requirements re

lating to the imposition of

debarment. 6A-1.605 Suspension of bidders.

Subpart 5A-1.7-Small Business Concerns 5A-1.700 General. 5A-1.701-8 Class set-asides for small busi

contracts. BA-1.816-2 Policy. GA-1.916 Time of delivery or perform

ance. GA-1.316-2 General. GA-1.316-3 Factors to be considered. BA-1.9164 Terms. 6A-1.816-5 Time of delivery clauses. BA-1.317 Noncollustvo bids and pro

posals. BA-1.818 Disputes clause. BA-1.918-1 Contracting omcor's docision

under the Disputes clause. 6A-1.350 Advance notices of contract

award. 5A-1.352 Contract numbering. JA-1.852-1 Contracts required to be num

bered. 5A-1.352-2 Numbering system. 6A-1.352-3 Numbering of small contracts. 5A-1.352-4 Contract Register. 5A-1.870 Warranties. 5A-1.370-1 General. 5A-1.370-2 Policy. 5A-1.370-3 Use of a warranty. BA-1.370-4 Warranty clause for supply

contracts. BA-1.370-6 Warranty statement in pur

chase orders.
SA-1.871 Notification of proposed sub-

stantial awards and awards
involving congressional in-

terest.
5A-1.372–5A-1.374 [Reserved]
6A-1.375 Forms for recommending

award(s). 5A-1.376 Options. 5A-1.376-1 Applicability. BA-1.376-2 Exercise of options.

ness concerns. 6A-1.703-2 Protest regarding small busi

ness status. 5A-1.704 Agency program direction and

operations. 5A-1.704-1 Program direction. 5A-1.704-2 Program operations. 5A-1.706 Procurement set-asides toe

small business. 5A-1.706-1 General. 6A-1.706-5 Total set-asides. 5A-1.706-6 Partial set-asides. BA-1.706-50 Documentation and review of

procurements not set-aside

for small business. 5A-1.706-51 Documentation and review of

small business set-aside de

terminations. 5A-1.708 Certificate of competency pro

gram. 5A-1.710 Subcontracting with small

business concerns. Subpart 5A-1.8–Labor Surplus Area Concerns 5A-1.804 Partial set-asides for labor

surplus areas. 5A-1.804-1 General. 6A-1.804-2 Notice to bidder or otterors. 5A-1.8048 Award procedures on the set

aside portion. BA-1.807 Report on procurement in ls

bor surplus areas.

Subpart 5A-1.9-Reporting Possible Antitrust Sec.
Violations

5A-1.5083–3 Reports control. Sec.

5A-1.5083-4 Instructions. 5A-1.901 General.

Subpart 5A-1.54— Products or Services Presented 6A-1.902 Documents to be transmitted.

for Procurement Consideration Subpart 5A-1.10-Publicizing Procurement

5A-1.5400 Scope of subpart. Actions

6A-1.5401 Policy.

5A-1.5402 Definitions. BA-1.1003 Synopses of proposed pro- 5A-1.4503 Initial referral of Inquiries. curements.

5A-1.5404 Processing of inquiries. BA-1.1003-1 Department of Commerce 5A-1.5406 Processing of completed appli. Synopses.

cation forms. 5A-1.1003–7 Preparation and transmittal, 5A-1.1003–70 Synopses of amendments to Subpart 5A-1.70-Consumer Product Information solicitations for offers.

5A-1.7001 Scope of subpart. 5A-1.1004 Synopses of contract awards.

5A-1.7002 Applicability. 5A-1.1004-1 Preparation and transmittal.

5A-1.7003 Policy. BA-1.1007 Responsibility for conform

6A-1.7004 Method of soliciting informaance with synopsizing pro

tion. gram.

Subpart 5A-1.71--Criteria for Determining Subpart 5A-1.11-Qualified Products

Method of Supply 5A-1.1101 Procurement of qualified

5A-1.7101 General. products.

6A-1.7102 Definition of use point. 5A-1.1101-70 Solicitations.

5A 1.7103 Basic criteria. 5A-1.1101-71 Waiver of qualification re

5A-1.7104 Purchase for storage and quirement.

issue. Subpart 5A-1,12 Responsible Prospective

5A-1.7105 Consolidated purchase for Contractors

direct delivery.

6A-1.7106 Purchase through indefinite 5A-1.1205 Procedures for determining re

delivery type contracts. sponsibility of prospective

5A-1.7107 Local purchase. contractors. 5A-1.1205-2 When Information will be

Subpart 5A-1.72--Public Relations obtained.

5A-1.7201 Visitors to procurement activ. 5A-1.1205-4 Preaward surveys.

ities. 5A-1.1205-50 Review List of Bidders. 5A-1.1206 Subcontractor responsibility. Subpart 5A-1.73~Preparation and Distribution

of Contract Documents Subpart 5A-1.18- Postaward Orientation of Contractors

5A-1.7301 Purchase order forms.

6A-1.7301-1 Assigning purchase order 5A-1.1800 Scope of subpart.

numbers. 5A-1.1803 Postaward orientation con.

5A-1.7302 Standard Form 33, SolicitaTerences.

tion, Offer, and Award. 5A-1.1803-2 Initial action.

6A-1.7303 Contracts. 5A-1.1803-4 Participants.

6A-1.7304 Bulls of lading. 5A-1.1803-5 Conference procedure. 5A-1.1805 Reports.

Subpart 5A-1.74-Control of Procurement

Transactions
Subpart 5A-1.50— Report

5A-1.7401 Processing and control 5A-1.5000 Scope of subpart.

requisitions. 5A-1.5001 Report on procurement by civilian executive agencies.

Subpart 5A-1.75—[Reserved] 5A-1.5004 Synopses of proposed procure

Subpart 5A-1.76—[Reserved] ments. 5A-1.5005 Synopses of contract awards.

AUTHORITY: The provisions of this part

8A-1 issued under sec. 205 (C), 68 Stat. 390; 5A-1.5009 Report of identical bids. 5A-1.5010 Notice of award of contracts

40 U.S.C. 486(C); and 41 CFR 6–1.101(c). subject to the Walsh-Healey SOURCE: The provisions of this part 5A-1 Public Contracts Act.

appear at 32 F.R. 9402, June 30, 1967, unless 5A-1.5071 Reporting possible antitrust otherwise noted.

violations. 5A-1.5074 Report of vendor performance.

$ 5A-1.000 Scope of part. 5A-1.5075 Contingent or other fees.

This part describes the method by 5A-1.5082 Aid to labor surplus areas.

which the General Services Administra5A-1.5083 Unordered contract guaranteed quantities.

tion, Federal Supply Service (FSS), in 5A-1.5083-1 Submission.

coordination with the Automated Data 5A-1.5083-2 Form.

and Telecommunications Service

« PreviousContinue »