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(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
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,
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.
Subpart 54-12-Definition of Terms
Subpart 5A-1.3-General Policies
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
stantial awards and awards
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.
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
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
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
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
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