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FOREST SERVICE HANDBOOK
OGDEN, UTAH
FSH 2409.15 - TIMBER SALE ADMINISTRATION HANDBOOK
Region 4 Supplement No. 2409.15-94-1
Effective April 28, 1994
POSTING NOTICE: Supplements to this title are numbered consecutively by title and calendar
year. Post by document name. Remove entire document and replace with this supplement.
Retain this transmittal as the first page of this document. This is the first supplement to this
handbook.
Document Name
2409.15,70
Superseded New
(Number of Pages)
-
3
Digest:
72.32 - Establishes process, format, and procedures for preparation of a timber sale appeal file
for the Board of Contract Appeals.
ROBERT C. JOSLIN
Acting Regional Forester
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FSH 2409.15 - TIMBER SALE ADMINISTRATION HANDBOOK
R4 SUPPLEMENT 2409.15-94-1
EFFECTIVE 4/28/94
CHAPTER 70 - CONTRACT LAW
72.32 - Contracting Officer's Decision.
4. Format.
a. Purchaser name and address.
b. Salutation.
c. Introductory paragraph.
Acknowledge receipt of purchaser claim or existence of Government claim.
d. Findings.
(1) Claim. State the reasons which form the basis for the claim, the amount of the
claim, and/or other relief requested. This statement indicates at the outset exactly
what the overall claim involves.
(2) Issues. Give a number or descriptive title for ready identification to each specific
issue that can be handled separately from other issues in the claim. Similarly, where
issues cannot be logically considered separately, group them together under a
descriptive title or number. Each claim item should then be dealt with to completion
before the next is introduced.
(3) Contract Requirements. Include all contract provisions and specifications that
are applicable in resolving each of the points at reference to exhibits or footnotes
rather than quote the entire provision of specification. Direct quotations may be used
when necessary for clarity or emphasis.
(4) Analysis. Weigh each issue against the contractual requirement and the facts.
The results of this analysis constitutes the findings on the claim.
e. Decision. Each analysis of an issue is the basis for a respective portion of the
decision. In the case of a purchaser claim, if neither monetary relief nor performance
time is allowed, so indicate. If monetary relief or performance time is allowed,
itemize the basis for it, and show the totals for the entire claim. The Office of the
General Counsel will advise if the Contracting Officer should cite previous
Agriculture Board of Contract Appeals, Comptroller General, or Court of Claims
decisions used in arriving at a decision in this matter.
f. Concluding Information. The following statements shall be included in all
decisions:
"This is the final decision of the Contracting Officer. This decision may be appealed
to the Agriculture Board of Contract Appeals."
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"If you decide to make such an appeal, you must mail or otherwise furnish written
notice to the Agriculture Board of Contract Appeals within 90 days from the date you
receive this decision. A copy thereof shall be furnished to the Contracting Officer
from whose decision the appeal is taken. The notice shall indicate that an appeal is
intended, shall reference this decision, and identify this contract by number. The
address of AGBCA is:
Board of Contract Appeals
U.S. Department of Agriculture
Room 2912, South Building
Washington, DC 20250
"In lieu of appealing to the Agriculture Board of Contract Appeals, you may bring an
action directly in the U.S. Court of Claims within 12 months of the date you receive
this decision."
(In the event the amount in dispute as a result of the final decision is $50,000 or less,
the following paragraph shall be included in the decision.)
"In the event you appeal this decision to the Agriculture Board of Contract Appeals,
you may request that the Board process this appeal under the "accelerated"
procedures (41 U.S.C. 601, 604, Section 8f)."
(In the event the amount in dispute as a result of the final decision is $10,000 or less,
the following paragraph shall be included in the decision.)
"In the event you appeal this decision to the Agriculture Board of Contract Appeals,
you may request that the Board process this appeal under the "accelerated"
procedures (41 U.S.C. 601, 604, Section 8f), or under the "small claims" procedures
(41 U.S.C. 601, 604, Section 9)."
Contracting Officer:
Address:
Telephone Number: