4G33.104_212
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FOREST SERVICE HANDBOOK
Portland, Oregon
FSH 6309.32 - FOREST SERVICE ACQUISITION REGULATIONS
R6/PNW Supplement No. 6309.32-92-1
Effective November 20, 1992
POSTING NOTICE. Supplements to this handbook are numbered consecutively.
Check the last transmittal received for this handbook to see that the above
supplement number is in sequence. If not, order intervening supplement(s) at once
on form 1100-6. Do not post this supplement until the missing one(s) is received
and posted. After posting retain this transmittal until the next supplement to this
handbook is received. Place it at the front of the handbook behind the title page.
The last R6/PNW Supplement to this Handbook was 6309.32-91-1 (4G07.170--1
thru --3).
Page Code
4G33.104/212
Superseded New
(Number of Sheets)
6
Digest:
This Supplement gives explicit instruction to the Contracting Officer (CO) on how to
assemble and distribute contract Protest and Appeal Files.
/s/ John E. Lowe
/s/ Charles W. Philpot
JOHN E. LOWE
Regional Forester
CHARLES W. PHILPOT
Station Director
R6/PNW SUPPLEMENT 6309.32-92-1
EFFECTIVE 11/20/92
4G33.104/212
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FSH 6309.32 - FEDERAL ACQUISITION REGULATIONS HANDBOOK
R6/PNW SUPPLEMENT 6309.32-92-1
EFFECTIVE 11/20/92
SUBPART 4G33.1 - PROTESTS
4G33.104 - Protests to the General Accounting Office
(a) Add the following: Contracting Officer (CO) shall forward 3 copies of the
protest file to the Regional Office - Administrative Services (RO-AS) and distribute
copies of the protest file to the protester and interested parties. Regional Office Administrative Services shall distribute two of the three copies furnished by the CO
to the Washington Office - Procurement and Property (WO-P&P). Contact with the
General Accounting Office (GAO) is generally limited to the WO. Exhibits 01 and
02 give specific instructions for Process Flow and Protest File.
R6/PNW SUPPLEMENT 6309.32-92-1
EFFECTIVE 11/20/92
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4G33.104 - Exhibit 01
Process Flow
1. Protester files protest with General Accounting Office (GAO).
2. General Accounting Office makes a summary dismissal or telephone notice
to USDA Forest Service, WO-P&P (GAO furnished the assigned protest number,
brief description of protest, and name of protester, and the response timeframes).
3. WO-P&P notifies RO-AS, who in turn, notifies the CO.
4. CO prepares protest file in accordance with established format (ex. 02)
and makes distribution.
5. RO-AS forwards protest file to WO-P&P with Regional recommendations
regarding the CO's decision or statement.
6. WO-P&P forwards protest file to GAO with Agency comments.
7. GAO renders a decision denying or sustaining protest (prior to making the
decision additional information may be requested from the CO).
8. If denied, protester can ask for reconsideration on new data or accept
decision whereby case is closed. If GAO sustains protest, a report with GAO's
recommendations is given to Congress and to the CO through agency channels. The
CO should follow the recommendations by GAO and advise GAO through agency
channels of the action taken. This report is then furnished to Congress by GAO as
to the action taken.
R6/PNW SUPPLEMENT 6309.32-92-1
EFFECTIVE 11/20/92
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4G33.104 - Exhibit 02
Protest File
1. The CO is responsible for the clarity, completeness, and logic of the protest
file.
2. The protest file cover shall contain the following information centered on
the cover sheet.
Protest Number
Protester's Name
Solicitation Number Being Protested
Project Name
Agency, Unit
Contracting Officer
3. The protest file format shall be as follows:
a. Copy of the Protest
b. Copy of the Protester's Offer
c. Copy of Offer being Protested
d. Copy of Solicitation (including plans)
e. Copy of Mailing List
f. Copy of Commerce Business Daily (CBD) Synopsis
g. Copy of Planholder's List
h. Abstract of Offers
i. Letters of Offeror's from CO, for instance, price confirmation request or
responsibility information.
j. Any other Pertinent Data
k. CO's Statement
l. Not all of the subsections above may be pertinent to the protest such as,
CBD Synopsis or planholder's list.
m. Tab each section and assure the tabs are secure
R6/PNW SUPPLEMENT 6309.32-92-1
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4G33.212 - Contracting Officers Duties Upon Appeal
The CO is responsible for the clarity, completeness, and logic of the appeal file. The
CO shall notify the RO within 5 days of receipt of an appeal to facilitate the
coordination of similar appeals. Provide the appellant's name and brief description
of appeal. Prepare the file in uniform format (exhibit 01) and submit two (2) copies
to RO-AS ten (10) days prior to date required by the Agriculture Board of Contract
Appeals (AGBCA). RO-AS shall transmit one (1) copy to the Local Office of General
Counsel (OGC) for their review and counsel. After RO-AS and OGC have reviewed
and provided comments to the CO, the CO shall make distribution of the case files
in accordance with AGBCA directions. In addition, a separate copy may be
requested by the Washington Office Procurement & Property unit.
The appeal file cover shall contain the following information centered on the cover
sheet:
Appeal Number
Appellant's Name
Contract Number
Project Name
Agency, Unit
Contracting Officer
R6/PNW SUPPLEMENT 6309.32-92-1
EFFECTIVE 11/20/92
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4G33.212 - Exhibit 01
UNIFORM FORMAT
Table of Contents
(i)
Copy of Award Information, Abstract of Offers, Pre-award Survey,
and Notice of Award.
(ii)
Copy of Contract and Modifications.
(iii)
Copy of prework Conference Summary, Notice to Proceed,
Correspondence, Diaries, Work Orders, Payments (filed in
chronological order).
(iv)
Copy of Claim
(v)
Decision: CO's Determination and Findings
(vi)
Copy of Appeal
(vii)
Miscellaneous pertinent information
(viii) Tab each major heading section and assure that tabs are secure.
Under each major heading provide a table of contents for that section,
for example:
SECTION C
PAGE
DESCRIPTION
20
NOTICE TO PROCEED
21-31
DIARIES
32
WORK ORDER A
(ix)
Daily diaries and exhibits. Photos should be mounted and captioned
with the date the photo was taken, the photographer and a description
of what is being conveyed. Type all illegible diaries and other
documents, and so indicate that this is an interpretative transcription
of the original by the CO.
(x)
Number pages sequentially from the beginning to the end of the file
and at the bottom of each page. There should only be one number one
page, and so forth.