81_FR_29237 81 FR 29146 - Purchasing of Property and Services

81 FR 29146 - Purchasing of Property and Services

POSTAL SERVICE

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

Page Range29146-29146
FR Document2016-11043

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 Issue 91 (Wednesday, May 11, 2016)
[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]


=======================================================================
-----------------------------------------------------------------------

POSTAL SERVICE

39 CFR Part 601


Purchasing of Property and Services

AGENCY: Postal ServiceTM.

ACTION: Final rule.

-----------------------------------------------------------------------

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



                                                29146             Federal Register / Vol. 81, No. 91 / Wednesday, May 11, 2016 / Rules and Regulations

                                                Guard; telephone 415–399–3585, email                    this notice, a Broadcast Notice to                    ■ 2. In § 601.109, revise paragraph (g)(7)
                                                D11-PF-MarineEvents@uscg.mil.                           Mariners may be used to grant general                 to read as follows:
                                                SUPPLEMENTARY INFORMATION: The Coast                    permission to enter the regulated area.
                                                                                                                                                              § 601.109   Contract claims and disputes.
                                                Guard will enforce a safety zone in                       Dated: April 15, 2016.
                                                navigable waters around and under the                                                                         *      *     *    *     *
                                                                                                        Gregory G. Stump,                                        (g) * * *
                                                fireworks barge within a radius of 100                  Captain, U.S. Coast Guard, Captain of the
                                                feet during the loading, transit, and                                                                            (7) Wording of decisions. The
                                                                                                        Port San Francisco.                                   contracting officer’s final decision must
                                                arrival of the fireworks barge to the                   [FR Doc. 2016–11130 Filed 5–10–16; 8:45 am]
                                                display location and until the start of                                                                       contain the following paragraph: ‘‘This
                                                the fireworks display.
                                                                                                        BILLING CODE 9110–04–P                                is the final decision of the contracting
                                                   From 10 a.m. until 6 p.m. on July 3,                                                                       officer pursuant to the Contract Disputes
                                                2016 the fireworks barge will be loaded                                                                       Act of 1978 and the clause of your
                                                                                                        POSTAL SERVICE                                        contract entitled Claims and Disputes.
                                                off of Schneider Dock in Eureka, CA in
                                                approximate position 40°47′50″ N,                                                                             You may appeal this decision to the
                                                                                                        39 CFR Part 601                                       Postal Service Board of Contract
                                                124°11′11″ W (NAD 83). The fireworks
                                                barge will remain at the Schneider Dock                                                                       Appeals by filing a notice of appeal
                                                                                                        Purchasing of Property and Services
                                                until the start of the transit. From 2:30                                                                     within ninety days from the date you
                                                p.m. to 3:30 p.m. on July 4, 2016 the                   AGENCY:    Postal ServiceTM.                          receive this decision. You may file the
                                                loaded barge will transit from Schneider                ACTION:   Final rule.                                 notice of appeal online through the
                                                Dock to the launch site off of Woodley                                                                        USPS Judicial Officer Department’s
                                                                                                        SUMMARY:    The Postal Service is revising            Electronic Filing System Web site
                                                Island near Eureka, CA at approximate                   its purchasing regulations governing
                                                position 40°48′29″ N, 124°10′06″ W                                                                            located at https://uspsjoe.justware.com/
                                                                                                        contract claims and disputes to modify                JusticeWeb, or by mailing or otherwise
                                                (NAD 83) where it will remain until the                 and clarify the language concerning the
                                                commencement of the fireworks                                                                                 furnishing the notice of appeal to the
                                                                                                        right of appeal which must be included                Postal Service Board of Contract
                                                display. Upon the commencement of the                   in the contracting officer’s final decision
                                                25 minute fireworks display, scheduled                                                                        Appeals. You also may appeal by
                                                                                                        with regard to a contract claim or                    mailing, or otherwise furnishing written
                                                to begin at 10 p.m. on July 4, 2016, the                dispute.
                                                safety zone will increase in size to                                                                          notice of appeal to the contracting
                                                encompass the navigable waters around                   DATES: Effective: May 11, 2016.                       officer within ninety days from the date
                                                and under the fireworks barge within a                  ADDRESSES: Written inquiries may be                   you receive this decision. The notice
                                                radius 1,000 feet at approximate                        addressed to Supply Management                        should identify the contract by number,
                                                position 40°48′29″ N, 124°10′06″ W                      Infrastructure, USPS, Room 1141, 475                  reference this decision, and indicate
                                                (NAD 83) for the Fourth of July                         L’Enfant Plaza SW., Washington, DC                    that an appeal is intended.
                                                Fireworks, City of Eureka in 33 CFR                     20260.                                                Alternatively, you may bring an action
                                                165.1191, Table 1, Item number 3.                                                                             directly in the United States Court of
                                                                                                        FOR FURTHER INFORMATION CONTACT:
                                                   This safety zone will be in effect from                                                                    Federal Claims within twelve months
                                                                                                        Shelita V. Taylor, 202–268–4327.                      from the date you receive this decision.’’
                                                10 a.m. on July 3, 2016 until 10:40 p.m.                SUPPLEMENTARY INFORMATION: This
                                                on July 4, 2016.                                                                                              *      *     *    *     *
                                                                                                        document revises paragraph (g)(7) of 39
                                                   Under the provisions of 33 CFR                       CFR 601.109, Contract claims and                      Stanley F. Mires,
                                                165.1191, unauthorized persons or                       disputes. As revised, § 601.109(g)(7) will            Attorney, Federal Compliance.
                                                vessels are prohibited from entering                    ensure that the contracting officer’s final           [FR Doc. 2016–11043 Filed 5–10–16; 8:45 am]
                                                into, transiting through, or anchoring in               decision regarding a contract claim or                BILLING CODE 7710–12–P
                                                the safety zone during all applicable                   dispute contains language that fully and
                                                effective dates and times, unless                       accurately advises the contractor of the
                                                authorized to do so by the PATCOM.                      right and process to appeal that final
                                                Additionally, each person who receives                                                                        DEPARTMENT OF HEALTH AND
                                                                                                        decision to the Postal Service Board of
                                                notice of a lawful order or direction                                                                         HUMAN SERVICES
                                                                                                        Contract Appeals. As revised, this
                                                issued by an official patrol vessel shall               paragraph mandates that a supplier or
                                                obey the order or direction. The                                                                              45 CFR Parts 155 and 156
                                                                                                        other contractor must file a notice of
                                                PATCOM is empowered to forbid entry                     appeal within ninety days from the date               [CMS–9933–IFC]
                                                into and control the regulated area. The                the contracting officer’s final decision
                                                PATCOM shall be designated by the                                                                             RIN 0938–AS87
                                                                                                        letter is received. This document also
                                                Commander, Coast Guard Sector San                       corrects the address of the USPS                      Patient Protection and Affordable Care
                                                Francisco. The PATCOM may, upon                         Judicial Officer Department’s Electronic              Act; Amendments to Special
                                                request, allow the transit of commercial                Filing System Web site.                               Enrollment Periods and the Consumer
                                                vessels through regulated areas when it
                                                                                                        List of Subjects in 39 CFR Part 601                   Operated and Oriented Plan Program
                                                is safe to do so.
                                                   This rule is issued under authority of                 Government procurement.                             AGENCY:  Centers for Medicare &
                                                33 CFR 165.1191 and 5 U.S.C. 552(a). In                   Accordingly, for the reasons stated, 39             Medicaid Services (CMS), HHS.
                                                addition to this notice in the Federal                  CFR part 601 is amended as follows:                   ACTION: Interim final rule with comment
                                                Register, the Coast Guard will provide                                                                        period.
jstallworth on DSK7TPTVN1PROD with RULES




                                                the maritime community with extensive                   PART 601—PURCHASING OF
                                                advance notification of the safety zone                 PROPERTY AND SERVICES                                 SUMMARY:   This interim final rule with
                                                and its enforcement period via the Local                                                                      comment establishes provisions that
                                                Notice to Mariners.                                     ■ 1. The authority citation for 39 CFR                alter the parameters of select special
                                                   If the Captain of the Port determines                part 601 continues to read as follows:                enrollment periods and that revise
                                                that the regulated area need not be                       Authority: 39 U.S.C. 401, 404, 410, 411,            certain rules governing consumer
                                                enforced for the full duration stated in                2008, 5001–5605.                                      operated and oriented plans (CO–OPs).


                                           VerDate Sep<11>2014   15:15 May 10, 2016   Jkt 238001   PO 00000   Frm 00036   Fmt 4700   Sfmt 4700   E:\FR\FM\11MYR1.SGM   11MYR1



Document Created: 2016-05-11 01:11:54
Document Modified: 2016-05-11 01:11:54
CategoryRegulatory Information
CollectionFederal Register
sudoc ClassAE 2.7:
GS 4.107:
AE 2.106:
PublisherOffice of the Federal Register, National Archives and Records Administration
SectionRules and Regulations
ActionFinal rule.
DatesEffective: May 11, 2016.
ContactShelita V. Taylor, 202-268-4327.
FR Citation81 FR 29146 

2025 Federal Register | Disclaimer | Privacy Policy
USC | CFR | eCFR