81 FR 29146 - Purchasing of Property and Services

POSTAL SERVICE

Federal Register Volume 81, Issue 91 (May 11, 2016)

The Postal Service is revising its purchasing regulations governing contract claims and disputes to modify and clarify the language concerning the right of appeal which must be included in the contracting officer's final decision with regard to a contract claim or dispute.

[Federal Register Volume 81, Number 91 (Wednesday, May 11, 2016)]
[Rules and Regulations]
[Page 29146]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2016-11043]


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POSTAL SERVICE

39 CFR Part 601


Purchasing of Property and Services

AGENCY: Postal ServiceTM.

ACTION: Final rule.

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SUMMARY: The Postal Service is revising its purchasing regulations 
governing contract claims and disputes to modify and clarify the 
language concerning the right of appeal which must be included in the 
contracting officer's final decision with regard to a contract claim or 
dispute.

DATES: Effective: May 11, 2016.

ADDRESSES: Written inquiries may be addressed to Supply Management 
Infrastructure, USPS, Room 1141, 475 L'Enfant Plaza SW., Washington, DC 
20260.

FOR FURTHER INFORMATION CONTACT: Shelita V. Taylor, 202-268-4327.

SUPPLEMENTARY INFORMATION: This document revises paragraph (g)(7) of 39 
CFR 601.109, Contract claims and disputes. As revised, Sec.  
601.109(g)(7) will ensure that the contracting officer's final decision 
regarding a contract claim or dispute contains language that fully and 
accurately advises the contractor of the right and process to appeal 
that final decision to the Postal Service Board of Contract Appeals. As 
revised, this paragraph mandates that a supplier or other contractor 
must file a notice of appeal within ninety days from the date the 
contracting officer's final decision letter is received. This document 
also corrects the address of the USPS Judicial Officer Department's 
Electronic Filing System Web site.

List of Subjects in 39 CFR Part 601

    Government procurement.

    Accordingly, for the reasons stated, 39 CFR part 601 is amended as 
follows:

PART 601--PURCHASING OF PROPERTY AND SERVICES

0
1. The authority citation for 39 CFR part 601 continues to read as 
follows:

    Authority:  39 U.S.C. 401, 404, 410, 411, 2008, 5001-5605.

0
2. In Sec.  601.109, revise paragraph (g)(7) to read as follows:


Sec.  601.109  Contract claims and disputes.

* * * * *
    (g) * * *
    (7) Wording of decisions. The contracting officer's final decision 
must contain the following paragraph: ``This is the final decision of 
the contracting officer pursuant to the Contract Disputes Act of 1978 
and the clause of your contract entitled Claims and Disputes. You may 
appeal this decision to the Postal Service Board of Contract Appeals by 
filing a notice of appeal within ninety days from the date you receive 
this decision. You may file the notice of appeal online through the 
USPS Judicial Officer Department's Electronic Filing System Web site 
located at https://uspsjoe.justware.com/JusticeWeb, or by mailing or 
otherwise furnishing the notice of appeal to the Postal Service Board 
of Contract Appeals. You also may appeal by mailing, or otherwise 
furnishing written notice of appeal to the contracting officer within 
ninety days from the date you receive this decision. The notice should 
identify the contract by number, reference this decision, and indicate 
that an appeal is intended. Alternatively, you may bring an action 
directly in the United States Court of Federal Claims within twelve 
months from the date you receive this decision.''
* * * * *

Stanley F. Mires,
Attorney, Federal Compliance.
[FR Doc. 2016-11043 Filed 5-10-16; 8:45 am]
 BILLING CODE 7710-12-P