If a disagreement is not resolved with the CO during the initial resolution period, the supplier may then lodge the disagreement in writing by U.S. mail, e-mail, or fax with the SDR Official for final resolution. The disagreement must be lodged with the SDR Official within 20 calendar days after the time it was lodged with the CO as required by CFR 601.107. The SDR Official has exclusive authority to issue a final and binding decision, as established in 39 CFR 601.108.
When lodging a disagreement with the SDR Official, the supplier must state the factual circumstances relating to the matter, the remedy sought, and the basis for the disagreement. The SDR Official may grant an extension of time to the supplier and interested parties to lodge a disagreement or to provide supporting information when warranted. Any request for an extension must set forth the reasons for the request, be made in writing, and be delivered to the SDR Official on or before the time to lodge a disagreement lapses. The address of the SDR Official is:
Attn SDR Official
US Postal Service Headquarters
475 L’Enfant Plaza SW Rm 4130
Washington DC 20260-4130
Fax: (202) 268-6234
The supplier may also lodge a disagreement with the SDR Official by e-mail at SDROfficial@usps.gov.
When the SDR Official receives the disagreement, the CO is promptly provided a copy of the disagreement and instructed to send a letter to all interested parties (i.e., actual or prospective offerors whose direct economic interests would be affected by the award of, or failure to award, the contract) with copies to the SDR Official. The CO’s letter must briefly recite each issue raised and refer the recipients to the relevant regulations in 39 CFR 601.108.
The responsible CO must forward a copy of the contract file to the SDR Official. The contract file must include the following information:
The SDR Official will consider the disagreement, the CO’s contract file, and any response by other interested parties and Postal Service officials. The SDR Official may also request meetings, individually or jointly, with the supplier, interested parties, or Postal Service officials to obtain additional materials, information, or advice. The supplier lodging the disagreement, other interested parties, or Postal Service officials must provide all relevant non-privileged materials and other information requested by the SDR Official. If the information being submitted to the SDR Official is confidential and privileged, the supplier, interested parties, or Postal Service officials must indicate that the information is confidential and privileged. If a submission contains trade secrets or other confidential information, it should be accompanied by a copy of the submission from which the confidential matter has been redacted. The SDR Official will determine whether any redactions are appropriate and will be responsible for determining the treatment of any redacted materials. Failure of any party to provide promptly the requested information may be taken into account by the SDR Official in the decision. As stated in 39 CFR 601, it is the SDR Official’s goal and intent to resolve disagreements within approximately 30 calendar days from the date on which the disagreement was lodged. The time to make a decision may be shortened or lengthened by the SDR Official, depending on the complexity of the issues, the timeliness of the receipt of requested information and other relevant considerations.
In his or her consideration and resolution of disagreements, the SDR Official’s decision will be guided by the regulations in 39 CFR 601, whether the Postal Service received best value, and all applicable public laws enacted by Congress.
The decision of the SDR Official will be final and binding on the person or organization lodging the disagreement, other interested parties, and the Postal Service. However, any of these parties may appeal the decision to a Federal court with jurisdiction over such claims. The decisions may be appealed only on the grounds that the decision was procured by fraud or other criminal misconduct or that the decision was obtained in violation of the regulations in 39 CFR 601 or applicable public laws enacted by Congress.
Flowchart #2
SDR Official Disagreement Resolution CFR 601.108
