[Code of Federal Regulations]

[Title 48, Volume 5]

[Revised as of October 1, 2006]

From the U.S. Government Printing Office via GPO Access

[CITE: 48CFR733.270-2]



[Page 45-46]

 

            TITLE 48--FEDERAL ACQUISITION REGULATIONS SYSTEM

 

             CHAPTER 7--AGENCY FOR INTERNATIONAL DEVELOPMENT

 

PART 733_PROTESTS, DISPUTES, AND APPEALS--Table of Contents

 

        Subpart 733.27_USAID Procedures for Disputes and Appeals

 

Sec. 733.270-2  Special procedures regarding contract disputes appeals promulgated 

pursuant to paragraph 2 of the Administrator's designation.



    (a) The following rules will apply, in lieu of Rules 3 and 4(a) of 

the ASBCA,



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to contract dispute appeals to the Administrator of the USAID or his/her 

authorized representative which are docketed with that Board.

    (b) Rule 3 (USAID)--Forwarding of Appeals. When a notice of appeal 

in any form has been received by the contracting officer, he/she shall 

endorse thereon the date of mailing (or date of receipt, if otherwise 

conveyed) and within 10 days shall forward said notice of appeal to the 

Board with a copy to the USAID General Counsel in Washington, DC. 

Following receipt by the Board of the original notice of an appeal 

(whether through the contracting officer or otherwise), the contractor, 

the contracting officer, and the USAID General Counsel will be promptly 

advised of its receipt, and the contractor will be furnished a copy of 

these rules.

    (c) Rule 4 (USAID). Preparation, Contents, Organization, Forwarding, 

and Status of Appeal File (Supersedes Rule 4, ``Duties of Contracting 

Officer'' of the ASBCA rules in effect on April 1, 1980).

    (d) Duties of Contracting Officer. Within 30 days of receipt of an 

appeal or advice that an appeal has been filed, the contracting officer 

shall assemble and transmit to the USAID General Counsel in Washington, 

DC, two copies of all documents pertinent to the appeal, including:

    (1) The decision and findings of fact from which appeal is taken;

    (2) The contract, including specifications and pertinent amendments, 

plans and drawings;

    (3) All correspondence between the parties pertinent to the appeal, 

including the letter or letters of claim in response to which the 

decision was issued;

    (4) All transcripts of any testimony taken during the course of 

proceedings, and affidavits or statements of any witnesses on the matter 

in dispute made prior to the filing of the notice of appeal with the 

Board; and

    (5) Any additional information considered pertinent.

    (e) The General Counsel will compile the appeal file from such 

documents, which file must contain the items enumerated in paragraphs 

(d) (1) through (5) of this section and will promptly, and in any event 

within 65 days after the appeal is docketed by the Board, transmit the 

appeal file to the Board. The General Counsel will notify the appellant 

when he/she has compiled the appeal file, will provide him/her with a 

list of its contents, and will afford him/her an opportunity to examine 

the complete file at the office of the Board and, if the General Counsel 

deems it appropriate, at any overseas location, for the purpose of 

satisfying himself/herself as to the contents, and furnishing or 

suggesting any additional documentation deemed pertinent to the appeal. 

After receipt of the foregoing file, as it may be augmented at the time 

of receipt, the Board will promptly advise the parties.



[53 FR 4980, Feb. 19, 1988. Redesignated at 61 FR 39095, July 26, 1996; 

61 FR 51235, Oct. 1, 1996; 62 FR 40469, July 29, 1997]



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