Common use of Contracting officer’s final decision Clause in Contracts

Contracting officer’s final decision. Contracting officers must issue a final decision for each challenged assertion, whether or not the assertion has been justified. (i) A contracting officer’s final deci- sion that an assertion is not justified must be issued a soon as practicable following the failure of the person as- serting the restriction to respond to the contracting officer’s challenge within 60 days, or any extension to that time granted by the contracting officer. (ii) A contracting officer who, fol- lowing a challenge and response by the person asserting the restriction, deter- mines that an asserted restriction is justified, shall issue a final decision sustaining the validity of the asserted restriction. If the asserted restriction was made subsequent to submission of the contractor’s offer, add the asserted restriction to the contract attachment. (iii) A contracting officer who deter- mine that the validity of an asserted restriction has not been justified shall issue a contracting officer’s final deci- sion within the time frames prescribed in 252.227–7037. As provided in para- graph (g) of that clause, the Govern- ment is obligated to continue to re- spect the asserted restrictions through final disposition of any appeal unless the agency head notifies the person as- serting the restriction that urgent or compelling circumstances do not per- mit the Government to continue to re- spect the asserted restriction.

Appears in 3 contracts

Samples: General Contracting Requirements, General Contracting Requirements, General Contracting Requirements

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Contracting officer’s final decision. Contracting officers must issue a final decision for each challenged assertion, whether or not the assertion has been justified. (i) A contracting officer’s 's final deci- sion decision that an assertion is not justified must be issued a as soon as practicable following the failure of the person as- serting asserting the restriction to respond to the contracting officer’s 's challenge within 60 days, or any extension to that time granted by the contracting officer. (ii) A contracting officer who, fol- lowing following a challenge and response by the person asserting the restriction, deter- mines determines that an asserted restriction is justified, shall issue a final decision sustaining the validity of the asserted restriction. If the asserted restriction was made subsequent to submission of the contractor’s 's offer, add the asserted restriction to the contract attachment. (iii) A contracting officer who deter- mine determines that the validity of an asserted restriction has not been justified shall issue a contracting officer’s 's final deci- sion decision within the time frames prescribed in 252.227–7037252.227-7037 . As provided in para- graph paragraph (g) of that clause, the Govern- ment Government is obligated to continue to re- spect respect the asserted restrictions through final disposition of any appeal unless the agency head notifies the person as- serting asserting the restriction that urgent or compelling circumstances do not per- mit permit the Government to continue to re- spect respect the asserted restriction.

Appears in 2 contracts

Samples: Patent Rights and Data Rights Agreements, Patent Rights and Data Rights Agreements

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