INTERIM PROCUREMENT INSTRUCTIONS FOR THE

U.S. HOUSE OF REPRESENTATIVES

July 1, 1996

SECTION 1

GENERAL PROVISIONS

1.1 Reference 5

1.2 Purpose 5

1.3 Definitions 5

1.4 Competition 6

1.5 Approval by Committee 7

1.6 Furniture and Carpet Purchases 7

1.7 Report 7

SECTION 2

STANDARDS OF CONDUCT

2.1 References 8

2.2 General 8

2.3 Definitions 8

2.4 Standards 9

2.5 Penalties, Sanctions, and Disciplinary Actions 11

SECTION 3

REQUIREMENTS AND SPECIFICATIONS

3.1 Reference 15

3.2 Requirements and Specifications 15

3.2 Use of Commercially Available Items 17

SECTION 4

RESPONSIBLE PROSPECTIVE CONTRACTORS

4.1 Reference 18

4.2 General 18

4.3 Determining Responsibility 18

4.4 Awards 19

SECTION 5

TYPES OF ACQUISITIONS

5.1 References 20

5.2 General 20

5.3 Federal Supply Schedule and Other Government Sources 20

5.4 Equipment Purchase Guidelines 21

5.5 Small Purchases and Other Simplified Purchase Procedures 21

5.6 Sealed Bidding 22

5.7 Competitive Proposals (Negotiated Contracts) 23

5.8 Other Procedures 24

5.9 Negotiations and Awards without Maximum Possible Competition 25

5.10 Use of Brand Name Product Descriptions 25

5.11 Negotiation 25

SECTION 6

PROTESTS

6.1 Reference 26

6.2 Protests Against Award 26

6.3 Filing of Protest and Appeal 26

6.4 Time for Filing 27

6.5 Notice, Report, and Comments 27

6.6 Withholding of Award and Suspension of Contract Performance 28

6.7 Conference 29

6.8 Remedies 29

6.9 Decision on Protest 30

SECTION 7

DISPUTES

7.1 Reference 31

7.2 General 31

7.3 Filing 31

7.4 Decision by the Contracting Officer 32

7.5 Contractor's Right of Appeal 33

SECTION 8

BONDS

8.1 Reference 34

8.2 Bonds 34

SECTION 9

CONTRACT PERFORMANCE PERIODS

9.1 Reference 35

9.2 Contract Performance Periods 35

SECTION 10

EXAMINATION OF CONTRACTOR RECORDS AND AUDITS

10.1 Reference 36

10.2 Examination of Contractor Records and Audits 36

SECTION 1

GENERAL PROVISIONS

1.1 Reference

"GUIDELINES FOR PROCUREMENT OF GOODS AND SERVICES FOR THE HOUSE OF REPRESENTATIVES," Committee on House Oversight, U.S. House of Representatives, as amended November 21, 1995 (hereinafter "Procurement Guidelines").

1.2 Purpose

This document is the publication of uniform instructions and procedures applicable to the U.S. House of Representatives (hereinafter "the House") in the acquisition of goods and services based on, and issued in accordance with, the above reference approved by the Committee on House Oversight (hereinafter "the Committee").

1.3 Definitions

a. Adverse action. Any action or inaction on the part of a Contracting Officer (CO) which is prejudicial to the position taken in a protest filed with him or her. It may include, but is not limited to: a decision on the merits of the protest; a procurement action such as the award of a contract or the rejection of a bid despite the pendency of a protest; or acquiescence in and active support of continued and substantial contract performance.

b. Contracting Officer. Any House employee who, by appointment or designation, has the authority to enter into and administer contracts and make determinations and findings with respect thereto. The term shall also include the authorized representative of the CO, acting within the limits of his or her authority.

c. Contractor. A party to a House contract other than the House.

d. Days. Working days of the federal government. Except as otherwise provided, in computing a period of time prescribed by these Instructions, the day from which the designated period of time begins to run shall not be counted, but the last day of the period shall be counted unless that day is not a working day of the federal government, in which event the period shall include the next working day. Time for filing any document or copy thereof with the CO expires at 5:00 p.m. Eastern Standard Time or Eastern Daylight Savings Time as applicable on the last day on which such filing may be made, except as may otherwise be provided in writing.

e. File. With regard to protests, the actual receipt by the CO, or other designated official, of the protest and other submissions.

f. Interested Party.

1. For the purposes of filing a protest, an actual or prospective bidder or offeror whose direct economic interest would be affected by the award of a contract or by the failure to award a contract.

2. For the purposes of participation in a protest, an awardee, if the award has been made, or, if no award has been made, all bidders or offerors who appear to have a substantial prospect of receiving an award if the protest is denied.

g. Maximum Possible Competition. AMaximum possible competition@ is the short form of Amaximum possible competition consistent with the government=s interest,@ the competitive standard established by the Procurement Guidelines. It means the maximum practicable number of responsible or verified sources, consistent with the particular House requirement, necessary to ensure a competitive procurement and protect the interest of the House, and utilizing one of the permitted acquisition methods set forth in Section 5, Types of Acquisitions. In the effort to achieve maximum possible competition, the Chief Administrative Officer of the House (CAO) and/or his or her designated agent(s):

1. Shall use such applicable competitive procedures as are consistent with the need to efficiently and feasibly fulfill the requirements of the House in accordance with this document; and

2. Shall use the acquisition procedure or combination of procedures that is best suited and most feasible under the circumstances of the procurement.

h. Misrepresentation of Fact. A false statement of substantive fact, or any conduct which leads to a belief of a substantive fact material to proper understanding of the matter in hand, made with intent to deceive or mislead.

i. Negotiation. Contracting through the use of either competitive or other-than-competitive proposals and discussions. Any contract awarded without using sealed bidding procedures is a negotiated contract.

j. Sole Source Acquisition. A contract for the purchase of goods and/or services that is entered into or proposed to be entered into after soliciting and negotiating with only one source.

1.4 Competition

All acquisitions of goods and services for the House shall utilize the maximum possible competition consistent with the government's interest. Inconsistent practices, such as

unreasonable qualifications, unreasonably short time frames to submit bids, unnecessary expenses, excessive bonding, or arbitrary actions shall not be utilized.

1.5 Approval by Committee

a. All contracts and purchases of equipment, materials, supplies, and services, in excess of one hundred thousand dollars ($100,000), must be approved by the Committee. This requirement includes purchase orders and purchases made off the GSA schedule and other government contracts.

b. All contracts with a performance period in excess of one year, including renewal options, must be approved by the Committee.

c. For contracts and purchase orders requiring Committee approval, purchasing offices should prepare and submit to the Office of Procurement and Purchasing (OPP) a brief transmittal document with a justification, dollar amounts, reason its being sent to the Committee, action requested, time sensitivity, and points of contact (generally the heads of OPP and the requesting office). The document should be accompanied by a copy of the contract or purchase order (unsigned by the House) and such other supporting materials deemed pertinent by the office. The document will be routed through the Finance Office, Administrative Counsel, and the CAO for review prior to submission to the Committee. Offices must allow adequate time for review and Committee approval in their procurement planning.

1.6 Furniture and Carpet Purchases

a. All purchases of furniture and carpets by the CAO shall be made pursuant to 40 U.S.C. 169 and 40 U.S.C. 170.

b. In accordance with the reference in Section 1.1 above, adoption by the Committee of the Guidelines in such reference constitutes a standing written order from the Chairman of the Committee to the CAO authorizing the purchase of furniture and carpets for the House, consistent with the procedures contained in said reference.

1.7 Report

Each month the CAO shall report all acquisitions exceeding the Small Purchase Threshold ($50,000) to the Committee. The CAO shall also make available to the Committee any additional information as may be requested regarding the procurement and competitive process for all acquisitions.

SECTION 2

STANDARDS OF CONDUCT

2.1 References

a. Procurement Guidelines.

b. House Ethics Manual.

c. House Rule 52.

2.2 General

a. The Procurement Guidelines direct the Chief Administrative Officer (CAO) to maintain written standards of conduct governing the performance of employees engaged in the award and administration of contracts.

b. The House Ethics Manual, issued by the Committee on Standards of Official Conduct, sets forth rules, regulations and statutes governing conduct of Members, officers, and employees of the House. Employees covered by this Section are expected to familiarize themselves with, and adhere to, the provisions of the Manual, including, in particular, those provisions pertinent to conduct affecting the award and administration of contracts. Covered employees are also expected to familiarize themselves with, and adhere to, House Rule 52 and such guidance on conduct as may be issued from time to time by the Committee on Standards of Official Conduct.

2.3 Definitions

a. Acquisition Personnel. Acquisition Personnel means employees participating personally and substantially in the award and administration of contracts, including, but not limited to, any of the following activities:

1. Drafting, reviewing, or approving a specification or a statement of work.

2. Preparing or developing procurement or purchase requests, including purchase orders.

3. Preparing or issuing a solicitation.

4. Evaluating bids or proposals or selecting a contractor.

5. Selecting sources.

6. Negotiating to establish the price or terms and conditions of a contract or modification.

7. Reviewing and approving the award or modification of a contract.

8. Directing or effecting actions undertaken in the administration of contracts.

b. Personal and Substantial Participation. Personal and Substantial Participation means active and significant involvement by acquisition personnel in activities directly related to the instant procurement.

1. Personal participation means direct involvement.

2. Substantial participation requires:

(a) More than official responsibility for, or knowledge about, the contract, including its formation and administration;

(b) More than perfunctory (administrative or peripheral) involvement; and

(c) Consideration of the effort devoted to the matter and the importance of the effort.

For example, participation in a single step procurement process may be viewed as substantial, if it is a crucial step in accomplishing the procurement.

c. Gift. Gift means any gratuity, favor, entertainment, or other item having monetary value as defined in House Rule 52.

2.4 Standards

a. All acquisitions of goods and services for the House shall be conducted in a manner above reproach.

b. Transactions relating to the expenditure of public funds require the highest degree of public trust and an impeccable standard of conduct. Acquisition Personnel must be particularly sensitive not only to the possibility of unethical or compromising behavior, but also to the appearance of any unethical or compromising practice in their actions.

c. Acquisition Personnel shall refrain from any private or professional activity that would create a conflict between personal interests and the interests of the House. Employees, officers, or agents of the CAO shall not participate in selection, or in the award or

administration of a contract supported by House funds, if a conflict of interest, real or apparent, would be involved.

1. A conflict of interest would arise when the following individuals or groups have a financial or other interest in the firm selected for award:

(a) The employee, officer, or agent;

(b) Any member of his or her immediate family;

(c) His or her partner; or

(d) An organization which employs, or is about to employ, any of the above.

By the same token, a conflict would arise when these same individuals or groups have a financial or other interest in a firm competing, or otherwise being considered, for award.

2. Any employee covered by this standard who has assumed, or is about to assume, a financial or other business relationship that might present the possibility of a conflict of interest shall inform the Office of Procurement and Purchasing of such situation in order that a decision may be made regarding whether a conflict of interest, real or apparent, does exist and, if so, what appropriate action should be taken.

3. Recusal. In the event that a conflict of interest, real or apparent, arises, an employee may execute a letter of recusal addressed to the Associate Administrator for Procurement and Purchasing (AA/P&P) removing him or herself from participation in the selection, award or administration of the instant House contract. The AA/P&P may also direct that such action be taken.

d. Except as permitted by the provisions of the House Rule 52 and such guidance as may be issued from time to time by the Committee on Standards of Official Conduct, Acquisition Personnel may not accept gifts from any person or organization. To avoid the appearance of impropriety, such personnel should not accept any gift from any vendor, contractor or agent thereof doing business with, or seeking to do business with, the House.

e. Acquisition Personnel are prohibited from accepting any bribe or illegal gratuity, i.e. anything of value in return for, or as a reward for, official action.

f. Acquisition Personnel shall avoid any action, whether or not specifically prohibited by these standards of conduct, that might result in or reasonably be expected to create the appearance of:

1. Using public office for private gain.

2. Giving preferential treatment to any person or entity.

Example: A Contracting Officer (CO) accepts a coffee mug with the logo of the ABC Corporation, a prospective bidder on an upcoming contract, which she displays on her desk. A representative from the XYZ Corporation, another prospective bidder on the same contract, visits the CO, sees the mug and assumes ABC will receive preferential treatment by the CO. Even though the CO is not in technical violation of House Rule 52, there is a probable perception of improper influence. Employees participating in the selection, award, and/or administration of contracts must be sensitive to such perceptions.

3. Impeding House efficiency or economy.

4. Losing independence or impartiality.

5. Making a House decision outside official channels.

6. Affecting adversely the confidence of the public in the integrity of the House.

g. Proprietary information shall be kept confidential.

h. Acquisition Personnel are prohibited from releasing to an individual or to a business concern or its representatives any information concerning future House requirements or a proposed acquisition or purchase by any contracting activity of the House. Such information shall be released to all potential contractors as nearly simultaneously as possible. These releases will be made only through duly designated employees so that one potential source may not be given an advantage over another.

i. Only Contracting Officers and their duly authorized representatives acting within their authority are authorized to commit the House with respect to award of contracts. Unauthorized discussion and commitments may place the House in the position of not acting in good faith. Unauthorized personnel are prohibited from making any commitment or promise relating to award of contract and will make no representation that would be construed as such a commitment. Acquisition Personnel shall not advise a business representative that an attempt will be made to influence another person or activity to give preferential treatment to his or her concern in the award of future contracts.

2.5 Penalties, Sanctions, and Disciplinary Actions.

a. Officers, Employees, or Agents of the CAO. Violation of these standards of conduct by the CAO's officers, employees or agents shall subject the offender to such penalties, sanctions, and/or other disciplinary actions as are provided in the House Personnel Policy.

b. Contractors and/or their Agents.

1. Contractors or their agents who violate these standards of conduct are also subject to penalties and sanctions, to include suspension and/or debarment. Such actions shall be imposed to protect the interest of the House and for the causes set forth below, and shall not be imposed for purposes of punishment.

2. Grounds for action. The CAO or his or her designated representative may take action upon adequate evidence of:

(a) Commission of fraud or a criminal offense in connection with (1) obtaining,

(2) attempting to obtain, and/or (3) performing a public contract or subcontract;

(b) Violation of any applicable statutes relating to the submission of offers;

(c) Commission of embezzlement, theft, forgery, bribery, falsification or destruction of records, making false statements, or receiving stolen property;

(d) Commission of any other offense indicating a lack of business integrity or business honesty that seriously and directly affects the present responsibilities of a House contractor or subcontractor; or

(e) Any other cause of so serious or compelling a nature that it affects the present responsibilities of a House contractor or subcontractor.

3. Suspension. Suspension refers to action taken by the Associate Administrator for Procurement and Purchasing (AA/P&P) to disqualify a contractor temporarily from House contracting and/or House-approved subcontracting, in full or in part.

(a) When a contractor and any specifically named affiliates are suspended, the AA/P&P shall advise them immediately by certified mail, return receipt requested:

(1) That they have been suspended and that the suspension is based on an indictment or other adequate evidence that the contractor has committed irregularities (i) of a serious nature in business dealings with the House or (ii) seriously reflecting on the propriety of further House dealings with the

contractor. Any such irregularities shall be described in terms sufficient to place the contractor on notice without disclosing the House's evidence;

(2) That the suspension is for a temporary period pending the completion of an investigation and such legal proceedings as may ensue;

(3) Of the cause(s) relied upon for imposing suspension;

(4) Of the extent and effect of the suspension; and

(5) That, within 30 days after receipt of the notice of suspension, the contractor or its representative may submit, in writing or in person, information and argument in opposition to the suspension, including any additional specific information that raises a genuine dispute over the material facts.

(b) Suspension shall be for a temporary period pending the completion of investigation and any ensuing legal proceedings, unless sooner terminated by the suspending official or as provided in this subsection.

(c) If the investigation is not concluded or legal proceedings are not initiated within 12 months after the date of the suspension notice, the suspension shall be terminated.

4. Debarment. Debarment refers to action by the CAO to exclude a contractor from House contracting and House-approved subcontracting, in full or in part, for a reasonable, specified period.

(a) Upon conclusion of the aforementioned investigation, if the AA/P&P should determine that debarment is in order, he or she shall prepare a report on the investigation along with such recommendations regarding debarment, for submission to the CAO.

(b) A notice of proposed debarment shall be issued by the AA/P&P advising the contractor and any specifically named affiliates, by certified mail, return receipt requested:

(1) That debarment is being considered;

(2) Of the reasons for the proposed debarment in terms sufficient to put the contractor on notice of the conduct or transaction(s) upon which it is based;

(3) Of the cause(s) relied upon for proposing debarment;

(4) That, within 30 days after receipt of the notice, the contractor or its representative may submit to the CAO, in writing through the AA/P&P or in person, information and argument in opposition to the proposed debarment, including any additional specific information that raises a genuine dispute over the material facts;

(5) Of the effect of the issuance of the notice of proposed debarment; and

(6) Of the potential effect of an actual debarment.

(c) In the event that the CAO makes a determination to impose debarment, the AA/P&P shall give the contractor and any affiliates involved prompt notice by certified mail, return receipt requested:

(1) Referring to the notice of proposed debarment;

(2) Specifying the reasons for debarment;

(3) Stating the period of debarment, including effective dates; and

(4) Advising that the debarment is effective throughout the House, unless the CAO determines that limited business dealings between the House and the contractor are justified.

(d) CAO decision. The decision of the CAO on the merits of a debarment shall be final. The CAO=s decision may be appealed by the contractor, in writing within 10 days of receipt of notification of the decision, to the Committee on House Oversight only in the event that the CAO fails to follow the procedures established herein.

5. Other disciplinary actions. If the situation warrants, the AA/P&P may take actions less than suspension, and the CAO may take actions less than debarment, including imposing a period of probation, or issuing letters of reprimand or censure, and advising House customers of the situation.

6. The CAO shall notify the Committee on House Oversight of disciplinary actions taken regarding contractors and/or their agents, including the issuance of notices of suspension, proposed debarment and debarment.

7. Written submissions by contractors and/or their agents pertaining to disciplinary actions, including procedural appeals to the Committee, must be in addressed to the Office of the Associate Administrator for Procurement and Purchasing, Room 502, O'Neill House Office Building, Washington, D.C. 20515. The AA/P&P will forward any procedural appeals, through the CAO, to the Committee along with appropriate documentation pertaining to the dispute.

SECTION 3

REQUIREMENTS AND SPECIFICATIONS

3.1 Reference

Procurement Guidelines.

3.2 Requirements and Specifications

a. Selection criteria. In preparing for the acquisition of goods and services for the House, the CAO and/or his designated agent(s) for the procurement of such goods and services shall:

1. Specify the House's needs and solicit bids and proposals in a manner designed to achieve maximum possible competition for the acquisition.

2. Utilize adequate procurement planning and market research.

3. Develop specifications in such manner as is necessary to obtain maximum possible competition with due regard to the nature of the good or services to be acquired.

b. Each solicitation by the CAO and/or his designated agent(s) under these instructions shall include specifications which:

1. Consistent with the provisions of these instructions, permit maximum possible competition.

2. Include restrictive provisions or conditions only to the extent necessary to satisfy the needs of the House or as authorized by law.

c. All solicitations:

1. Must present a clear and accurate description of the technical requirements for the material, product, or service to be procured. Such description may not, in competitive procurements, contain features which unduly restrict competition. The description may include a statement of the qualitative nature of the material, product or service to be procured, and when necessary, shall set forth those minimum essential characteristics and standards to which it must conform if it is to satisfy its intended use.

2. Should avoid excessively detailed product specifications. When it is impractical or uneconomical to make a clear and accurate description of the technical requirements, a

brand name or "equal to" description may be used in defining performance. The specific features of the brand name which must be met by offerors shall be clearly stated.

3. Shall identify all requirements which the offerors must fulfill and all other factors to be used in evaluating bids or proposals.

d. For the purposes of this Section, the type of specifications included in a solicitation shall depend on the nature of the needs of the House and the market available to satisfy such needs. Subject to such needs, specifications may be stated in terms of:

1. Function, so that a variety of goods or services may qualify;

2. Performance, including specifications of the range of acceptable characteristics or of the minimum acceptable standards; or

3. Design requirements.

e. The CAO and/or his designated agent(s) shall evaluate sealed bids and competitive proposals based solely on the factors specified in the solicitation.

f. All sealed bids or competitive proposals received in response to a solicitation may be rejected if the CAO and/or his designated agent(s) determine that such action is in the public interest.

g. Sealed bids shall be opened publicly at the time and place stated in the solicitation. The CAO and/or his designated agent(s) shall evaluate the bids without discussions with the bidders and, except as provided in paragraph f. above, shall award a contract with reasonable promptness to the responsible bidder whose bid conforms to the solicitation and is most advantageous to the House, considering only price and other price-related factors included in the solicitation. The award of a contract shall be made by transmitting written notice of the award to the successful bidder. Upon contract award, the Associate Administrator for Procurement and Purchasing (AA/P&P) shall promptly notify, in writing or by electronic means, each bidder not awarded the contract that the contract has been awarded.

h. The CAO and/or his designated agent(s) shall evaluate competitive proposals in accordance with paragraph e. above and may award a contract:

1. After discussions with the offerors, provided that written or oral discussions have been conducted with the responsible or verified offerors who submit proposals; or

2. Based on the proposals received, without discussions with the offerors (other than discussions conducted for the purpose of minor clarification).

3.3 Use of Commercially Available Items

The CAO and/or his designated agents shall to the maximum extent practicable:

a. Acquire commercially available items that meet the needs of the House.

b. Require prime contractors and subcontractors to incorporate commercially available items as components, to the maximum extent feasible; and

c. Use specifications that enable and encourage bidders and offerors to supply commercially available items.

SECTION 4

RESPONSIBLE PROSPECTIVE CONTRACTORS

4.1 Reference

Procurement Guidelines.

4.2 General

Purchases shall be made only from, and contracts shall be awarded only to, responsible prospective contractors.

4.3 Determining Responsibility

Evaluation factors listed in solicitations, such as experience, resources and reputation, may be utilized for purposes of determining responsibility. To be determined responsible, a prospective contractor must:

a. Have adequate financial resources to perform the contract, or the ability to obtain them.

b. Be able to comply with the required or proposed delivery or performance schedule, taking into consideration all existing commercial and governmental business commitments.

c. Have a satisfactory performance record.

d. Have a satisfactory record of integrity and business ethics.

e. Have the necessary organization, experience, accounting and operational controls, and technical skills, or the ability to obtain them (including, as appropriate, such elements as production control procedures, property control systems, quality assurance measures, and safety programs applicable to materials to be produced or services to be performed by the prospective contractor and subcontractors).

f. Have the necessary production, construction, and technical equipment and facilities, or the ability to obtain them.

g. Be otherwise qualified and eligible to receive an award under applicable laws and regulations.

4.4 Awards

a. The award of a contract to an offeror solely on the basis of the lowest evaluated price is a disservice to the House, if subsequently the contractor defaults, is late in his deliveries, or otherwise performs unsatisfactorily, with the result that the House incurs additional procurement or administrative costs, and acceptable supplies or services may not be furnished within the time required. Such awards are also unfair to other offerors who are capable of performance, and such action tends to discourage these offerors from submitting bids or proposals on future procurements.

b. Although it is important that goods and services be purchased on the basis of offers which are the most advantageous to the House, price and other factors considered, this factor does not require that an award be made to an offeror solely because that offeror submits the lowest bid or offer. A prospective contractor must affirmatively demonstrate his responsibility and, when necessary, the responsibility of his proposed subcontractors.

SECTION 5

TYPES OF ACQUISITIONS

5.1 References

a. Procurement Guidelines.

b. Guidelines for the Purchase of Equipment, Software and Related Services by Offices of the U.S. House of Representatives (hereinafter, the AEquipment Purchase Guidelines@).

5.2 General

All acquisitions made by the CAO for the House shall be entered into in accordance with one of the methods set forth below in Sections 5.3 through 5.8, or a combination of these methods.

5.3 Federal Supply Schedule and Other Government Sources

a. The General Services Administration (GSA) directs and manages the Federal Supply Schedule which provides Federal agencies and the CAO with a simplified process for obtaining commonly used supplies and services at prices associated with volume buying. The CAO may follow the procedures laid out in the "GSA Supply Catalog" which includes a listing of Federal Supply Schedules and information on their use.

b. The CAO may also purchase goods or services under contracts entered into or administered by other federal agencies and the legislative branch.

c. Contracts under the Federal Supply Schedule and other federal entities have already been competed, and goods and services acquired under them may be purchased without further competition. However, for significant purchases, generally those exceeding the Small Purchase Threshold of $50,000, purchasing offices should Acompete off the schedule,@ i.e., where more than one source is available, the office should seek the most competitive product or service.

d. The above modes of procurement may be used on an optional basis as appropriate, available, and allowable.

e. Further, pursuant to 2 U.S.C. ' 111, the CAO may purchase such goods or services at a unit price or under terms and conditions which are more favorable to the House than those offered to the contracting entity of the Federal government.

5.4 Equipment Purchase Guidelines.

a. The Equipment Purchase Guidelines, adopted by the Committee on House Oversight, provide another acquisition method, and apply to offices and subordinate offices of Members, Committees, the Leadership, elected Officers of the House, and all other support offices of the House. In general, the Guidelines allow offices, subject to certain restrictions, to purchase designated types of equipment, software and related services from vendors of their choice, without competitive requirements. See the Equipment Purchase Guidelines and related Instructions for further information.

b. Offices of the CAO should utilize one of the alternative acquisition methods provided by Section 5 of these Instructions for purchases of equipment, software and related services which exceed the Small Purchase Threshold of $50,000.

5.5 Small Purchases and Other Simplified Purchase Procedures.

a. This Section provides simple and informal procurement methods for securing services, supplies, or other property that do not aggregate to more than $50,000 in any fiscal year.

b. When the amount involved for a single purchase order is in excess of $2,500, but not more than the Small Purchase Threshold of $50,000, such purchase may be made by documented competitive quotations wherein there shall be obtained a minimum of three offers from three separate offerors, or two offers from two separate offerors, if only two are engaged in the conduct of such business.

c. Requirements aggregating more than the small purchase dollar limitation shall not be broken down into several purchases that are less than the limit merely to permit the use of small purchase procedures, and every reasonable effort shall be made to anticipate the need for subsequent purchases of such items during the fiscal year in determining the procedures to be followed. In order to ensure that like item orders are aggregated to the maximum extent possible and to prevent inadvertent multiple orders of like items without aggregation, all small purchase orders shall be approved by the Associate Administrator for Procurement and Purchasing or his or her designated agent(s).

d. When the amount involved in the procurement in the aggregate is $2,500 or less, and the CAO or his or her designated agent(s) determines that the price is fair and reasonable, no more than one quote need be obtained, so long as orders are not split to avoid the competitive threshold requirements. Appropriate justification to support this determination should be placed in the contract file.

5.6 Sealed Bidding.

a. Sealed bidding is a method of contracting that employs competitive bids, public opening of bids, and awards.

b. Sealed bids may be solicited if:

1. Time permits the solicitation, submission, and evaluation of sealed bids;

2. The award will be made on the basis of price and other price-related factors;

3. It is not necessary to conduct discussions with the responding offerors about their bids; and

4. There is reasonable expectation of receiving more than one sealed bid.

c. Sealed bidding rules and procedures.

1. Preparation of invitations for bids. Invitations must describe the requirements of the House clearly, accurately, and completely. Unnecessarily restrictive specifications or requirements that might unduly limit the number of bidders are prohibited. Invitations include all documents (whether attached or incorporated by reference) furnished prospective bidders for the purpose of bidding.

2. Publicizing the invitation for bids. Invitations must be publicized through distribution to prospective bidders, advertising and such other means as may be appropriate. Publicizing must occur a sufficient time before public opening of bids to enable prospective bidders to prepare and submit bids. As a general rule, at least 30 days should be allowed between the public issuance of the invitation for bids and the solicitation closing date.

3. Submission of bids. Bidders must submit sealed bids to be opened at the time and place stated in the solicitation for the public opening of bids. All bids submitted in response to a solicitation shall be kept sealed until the opening date and time specified in the solicitation. Unless another location is designated in the solicitation, bids shall be submitted to the following address: Office of the Associate Administrator for Procurement and Purchasing, Room 502, O'Neill House Office Building, Washington, D.C. 20515. ATTN: Bid Submission [solicitation number]. Late submissions will not be not be considered, except that the Associate Administrator for Procurement and Purchasing (AA/P&P) may waive this restriction if he or she determines that the late receipt is due to fault or negligence on the part of the House.

4. Bid openings. Sealed bids shall be publicly opened in the presence of at least three House employees and any prospective bidders and/or members of the public who choose to be present. The Committee and offerors shall be notified of the time and place of such bid opening by means of the solicitation document.

5. Evaluation of bids. Bids shall be evaluated without discussions with bidders. Informalities and minor irregularities in bids received may be waived by the AA/P&P or his or her designated agent.

6. Contract award. After bids are publicly opened, the CAO and/or his or her designated agent(s) will, consistent with the Procurement Guidelines and Section 3, Requirements and Specifications, determine the winner and make an award with reasonable promptness to that responsive and responsible bidder whose bid, conforming to the invitation for bids, will be most advantageous to the House, considering price and price-related factors specified in the invitation.

5.7 Competitive Proposals (Negotiated Contracts).

This acquisition method is one which normally employs negotiations, bargaining, and/or discussions with offerors in response to offers solicited by the House.

a. Requests for proposals (RFP's) or requests for quotation (RFQ's) are used in

negotiated acquisitions to communicate House requirements to prospective contractors and to solicit proposals or quotations from them. Unless specifically authorized, in writing by the CAO or his or her designated agent, contracting officers (CO=s) shall issue written solicitations.

b. A proposal received in response to an RFP is an offer than can be accepted by the House to create a binding contract. CO=s should normally issue RFP's when they consider it reasonable to expect prospective contractors to respond with offers, even though they anticipate negotiations after receipt of offers. An RFP shall not be used for a solicitation for information or planning purposes.

c. A quotation received in response to an RFQ is not an offer and cannot be accepted by the House to create a binding contract. It is informational in character. An RFQ may be used when the House does not intend to award a contract on the basis of the solicitation, but wishes to obtain price, delivery, or other market information for planning purposes.

d. CO=s shall furnish identical information concerning a proposed acquisition to all prospective contractors. CAO personnel shall not provide the advantage of advance knowledge concerning a future solicitation to any prospective contractor, except in the context of presolicitation notices and conferences and solicitations for information for planning purposes.

e. Procedures.

(1) After advertising for a sufficient period of time, competitive proposals submitted in response to solicitations for contracts for goods and services shall be evaluated for an assessment of both the proposal and the offeror's ability to successfully accomplish the prospective contract in accordance with Section 3, Requirements and Specifications.

(2) CO=s shall give offerors sufficient time to prepare offers. As a general rule, at least 30 days should be allowed between the public issuance of a solicitation and its closing date. CO=s should consider the complexity of the RFP and the resultant proposal when determining deadlines for responses by offerors.

(3) The CAO and/or his or her designated agents shall evaluate the proposal for technical quality and price, at a minimum, and shall consider the factors discussed in Section 3 herein.

(4) The criteria for evaluating competitive proposals shall be based solely on the factors specified in the solicitation. The solicitation shall also list the relative importance of the evaluation criteria. In the absence of such listing, the criteria shall be considered to be of equal weight or value. The CAO shall conduct a cost or price evaluation to determine whether the offeror's cost or price is reasonable and reflects the offeror's understanding of the work and the ability to perform the contract. Specified factors should include items such as overall approach, experience, price, reputation, and resources.

(5) The CAO and/or his or her designated agent(s) shall use the procedures detailed in these Instructions to ensure fair and impartial evaluation of all offers and shall document such evaluations. The CAO and/or his or her designated agent(s) shall place a signed written determination in the contract file appropriately discussing how the successful offer was determined and selected.

(6) The CAO and/or his or her designated agent(s) shall award a contract resulting from the solicitation to the responsible offeror whose offer, conforming to the solicitation, will be the most advantageous to the House, cost or price, and other factors specified in the solicitation considered.

(7) The CAO and/or his or her designated agent(s) shall provide the Committee with a copy of the solicitation prior to its public issuance, and shall advise the Committee of any changes not reflected in the original solicitation.

5.8 Other Procedures.

The CAO and/or the Associate Administrator for Procurement and Purchasing, acting as his agent, may, by entering written certification in the contracting file, authorize without providing for maximum possible competition only when the award of a contract is not feasible under any of the procedures listed above, and one of the following circumstances applies:

a. The item is available only from a single source and no other supplies or services will satisfy the requirements

b. The public exigency will not permit a delay resulting from competitive solicitation

c. After solicitation of a number of sources, competition is deemed inadequate by the CAO and/or his or her designated agent.

d. It is in the public interest, none of the preceding exceptions apply, and Committee approval has been obtained.

5.9 Negotiations and Awards without Maximum Possible Competition

The CAO and/or his or her designated representative shall not commence negotiations for a single source contract, commence negotiations for a contract resulting from and unsolicited proposal, or award any other contract without providing for maximum possible competition consistent with the government's interest, unless the CAO and/or his or her designated representative justifies the use of such actions in writing, having first certified a report on the matter prepared by technical and requirements personnel as being accurate and complete, and having the data necessary to support the recommendation for other than maximum possible competition consistent with the government's interest.

5.10 Use of Brand Name Product Descriptions

An acquisition that uses a brand name description or other purchase description to specify a particular brand name product or feature of a product, peculiar to one manufacturer, shall not be made, unless accomplished pursuant to the same written justification and reports as outlined immediately above. Cost analysis, i.e., verifying the proposed cost data, the projections of this date, and the evaluation of the specific elements of cost and profit, may also be required.

5.11 Negotiation

The process leading to contract award, under Sections 5.4, 5.5.b, 5.7, and 5.8, may allow for negotiation, a procedure that includes the receipt of proposals from offerors, permits bargaining, and usually affords offerors an opportunity to revise their offers before award of a contract. Bargaining C in the sense of discussion, persuasion, alteration of initial assumptions and positions, and give-and-take C may apply to price, schedule, technical requirements, type of contract, or other terms of a proposed contract.

SECTION 6

PROTESTS

6.1 Reference

Procurement Guidelines.

6.2 Protests Before or After Award

a. The Chief Administrative Officer shall consider all protests and/or objections, whether submitted before or after contract award. All protests and/or objections shall be in writing, and the protester shall be notified in writing of any final decisions regarding them.

b. The above reference states that all acquisition of goods and services for the House of Representatives shall utilize the maximum possible competition consistent with the government's interest. Inconsistent practices, such as unreasonable qualifications, unreasonably short time frames to submit bids, unnecessary expenses, excessive bonding, or arbitrary actions shall not be utilized. Contracts will be awarded to a responsible bidder or offeror whose bid or offer conforms to the solicitation and is the most advantageous to the House when all relevant factors are considered. Violation of the aforementioned practices shall be considered grounds for protest.

6.3 Filing of Protest and Appeal

a. An interested party may protest to the CAO a solicitation issued by or for the CAO and/or his designated agent(s) for the procurement of goods and services, or the proposed award, or the award of such a contract. The decision of the CAO on the merits of the protest shall be final.

b. The decision of the CAO may be appealed within 10 days of receipt of formal notification of the decision, to the Committee on House Oversight. Such appeal shall be limited to the question of whether the CAO properly followed the procedures established herein.

c. Protests and appeals must be in writing and addressed to the Office of the Associate Administrator for Procurement and Purchasing, O'Neill House Office Building, Room 502, Washington, D.C. 20515. ATTN: Protests and Disputes. Such address shall also be utilized for all other written communications pertaining to protests and appeals.

d. The initial protest filed shall:

1. Include the name, address, and telephone number of the protester.

2. Include an original signed by the protester or its representative, and at least one copy.

3. Identify the contracting activity and the number of the solicitation and/or contract.

4. Set forth a detailed statement of the legal and factual grounds of protest including copies of relevant documents.

5. Specifically request a ruling by the CAO.

6. State the form of relief requested. The grounds for protest must be fully supported to the maximum extent feasible.

e. No formal briefs or other technical forms of pleading or motion are required, but a protest and other submissions should be concise, logically arranged, and direct.

6.4 Time for Filing

a. Protests based upon alleged improprieties in a solicitation which are apparent prior to bid opening or the time set for receipt of initial proposals shall be filed prior to bid opening or the time set for receipt of initial proposals. In procurements where proposals are requested, alleged improper changes to an RFP which do not exist in the initial solicitation, but which are subsequently incorporated into the solicitation, must be protested not later than the next closing date for receipt of proposals following the incorporation.

b. In cases other than those covered in Section 6.4.a, protests shall be filed with the CAO not later than 10 days after the basis of protest is known or should have been known, whichever is earlier.

c. The CAO, for good cause shown, or where he or she determines that a protest raises issues significant to the procurement system, may consider any protest which is not timely filed.

6.5 Notice, Report, and Comments

a. The Associate Administrator for Procurement and Purchasing shall immediately give notice of the protest to the contractor if award has been made or, if no award has been made, to all bidders or offerors who appear to have a substantial and reasonable prospect of receiving an award. Material submitted by a protester may be released to any interested party.

b. The Contracting Officer shall submit a report to the CAO, after review by the Associate Administrator for Procurement and Purchasing, responsive to the protest as expeditiously as possible (generally within 25 working days). The report shall contain copies of relevant documents including, as appropriate: the protest; the bid or proposal of the firm which is being considered for award, or whose bid or proposal is being protested; the solicitation, including the specifications of portions relevant to the protest; and the Contracting Officer's statement setting forth findings, actions, recommendations, and any additional evidence or information deemed necessary in determining the validity of the protest. The statement shall be responsive to all allegations of the protest which the Contracting Officer contests. A copy will be furnished to the protester.

c. For purposes of this Section, the Contracting Officer shall be the contracting officer as identified in the solicitation.

d. The Contracting Officer may request, in writing, an extension of the 25-day report submission time period. The request shall set forth the reasons for which the extension is needed. The Associate Administrator for Procurement and Purchasing will determine, in writing, whether the specific circumstances of the protest require a period longer than 25 working days for the submission of the report and, if so, will set a new date for the submission of the report. Extensions are to be considered exceptional and will be granted sparingly. If the Associate Administrator is the Contracting Officer, then the request shall be made to the CAO.

e. A protester shall file any written comments on the contracting officer=s report within 10 days of receipt of such report. The failure of a protester to comply with such time limit may result in resolution of the protest without consideration of any comments untimely filed.

f. Notwithstanding any other provision of this Section, when on its face a protest does not state a valid basis for protest or is untimely, the CAO shall dismiss the protest without requiring the submission of a contracting officer's report. If the propriety of a dismissal becomes clear only after information is provided by the Contracting Officer, the CAO shall dismiss the protest at that time. Among the protests which may be dismissed without consideration of the merits are those concerning the following:

1. Contract administration. Disputes between a contractor and the CAO and/or his agents are resolved pursuant to the disputes clause of the contract and the Disputes Section of this document.

2. Subcontractor protests. The CAO and/or his agents will not consider subcontractor protests except where the subcontract is by or for the House.

6.6 Withholding of Award and Suspension of Contract Performance

a. When a protest is timely received prior to contract award, a contract may not be awarded while the protest is pending unless the CAO determines, based on written input from the contracting officer which has been reviewed by the Associate Administrator for Procurement and Purchasing, that the item being procured is urgently needed or other compelling circumstances exist. The CAO shall place a memorandum detailing the basis of such a determination in the contract file for the instant procurement.

b. When a protest is received after award of a contract, but within 10 days of the date of contract award, the contractor may be directed to cease contract performance and to suspend related activities that could result in additional obligations being incurred by the House under that contract while the protest is pending. Contract performance may be authorized notwithstanding the pending protest if the CAO determines in writing, based on written input from the contracting officer which has been reviewed by the Associate Administrator for Procurement and Purchasing, that performance of the contract is in the best interest of the House, or that the item being procured is urgently needed or other compelling circumstances exist. The CAO shall place a memorandum detailing the basis of such a determination in the contract file for the instant procurement.

6.7 Conference

A request for a conference with the CAO may be made in writing by the protester, an interested party who has responded to the notice under Section 6.5 herein or the contracting officer. The request shall set forth the reasons why a hearing is needed for the particular protest and should also identify any specific factual disputes essential to the resolution of the protest which the requester believes cannot be resolved without oral testimony. The request should be made at the earliest possible time in the protest proceeding, and in no event later than 45 days after the date the protest is filed. The determination to hold a conference will be at the discretion of the CAO.

6.8 Remedies

a. If the CAO determines that a solicitation, proposed award, or award does not comply with the rules contained herein, he or she shall recommend that the contracting officer implement any one or combination of the following remedies deemed appropriate under the circumstances:

1. Refrain from exercising options under the contract.

2. Terminate the contract.

3. Recompete the contract.

4. Issue a new solicitation.

5. Award a contract consistent with the guidance contained herein and in accordance with the House Procurement Guidelines.

6. Such other recommendations as the CAO determines necessary to promote compliance.

b. In determining the appropriate recommendation, the CAO shall, except as specified in Section 6.5, consider all the circumstances surrounding the procurement or proposed procurement including, but not limited to, the seriousness of the procurement deficiency, the degree of prejudice to other interested parties or to the integrity of the competitive procurement, the good faith of the parties, the extent of performance, cost to the House, the urgency of the procurement, and the best interest of the House.

6.9 Decision on Protest

The CAO shall issue a decision on a protest within 60 days from the date the protest is filed with his or her office. For complex procurements, the time may be extended to 90 days at the discretion of the CAO.

SECTION 7

DISPUTES

7.1 Reference

Procurement Guidelines.

7.2 General

a. The CAO is responsible for settlement of contractual and administrative issues arising out of procurements of goods and services by the House. This Section provides the procedures and instructions developed to handle and resolve disputes and claims relating to procurements. For purposes of this Section, the terms Adisputes@ and Aclaims@ shall have the same meaning.

b. Unless otherwise specifically provided herein, this Section applies to any express or implied contract entered into for the acquisition of goods and/or services.

c. It is the policy of the CAO that, to the fullest extent practicable, disputes over matters, such as terms and conditions, should be informally and expeditiously resolved between the contractor and the Contracting Officer (CO). Any dispute, the resolution of which might result in the expenditure of additional funds by the House, however, must be filed in accordance with the provisions of Section 7.3.

7.3 Filing

a. Disputes, other than those resolved pursuant to Section 7.2.d, and appeals must be in writing and addressed to the Office of the Associate Administrator for Procurement and Purchasing, Room 502, O'Neill House Office Building, Washington, D.C. 20515. ATTN: Protests and Disputes. Such address shall also be utilized for all other written communications pertaining to disputes and appeals, including appeals to the Committee on House Oversight.

b. The initial dispute filed shall:

1. Include the name, address, and phone number of the contractor filing the dispute.

2. Include an original signed by the contractor or its representative, and at least one copy.

3. Identify the contracting activity and the number of the solicitation and/or contract.

4. Set forth a detailed statement of the legal and factual grounds of the dispute, including copies of relevant documents. The grounds of dispute must be fully supported to the maximum extent feasible.

5. Specifically request a ruling by the Contracting Officer (CO).

6. State the form of relief requested.

c. If appealing the decision of the CO, the dispute shall specifically request a ruling by the Associate Administrator for Procurement and Purchasing.

d. If appealing the decision of the Associate Administrator for Procurement and Purchasing, the dispute shall specifically request a ruling by the CAO.

e. No formal briefs or other technical forms are required, but a dispute and other submissions should be concise, logically arranged, and direct.

7.4 Decision by the Contracting Officer

a. All written claims filed by a contractor against the House, or by the House against a contractor, relating to a contract shall be the subject of a written decision by the CO. The Office of the Associate Administrator for Procurement and Purchasing will mail or otherwise furnish a copy of the decision to the contractor. The decision shall state the reasons on which it is based and inform the contractor of his or her rights as provided herein. Specific findings of fact are not required, but, if made, shall not be binding in any subsequent proceeding(s). This Section shall not authorize any officer, agent, or employee of the House to settle, compromise, pay, or otherwise adjust any claim involving fraud.

b. The CO=s decision on the claim shall be final and conclusive, unless an appeal is timely commenced as authorized herein. Pending final resolution of a claim, dispute, appeal, action or settlement, a contractor shall proceed diligently with performance of the contract and in accordance with any decision of the CO.

c. Claims less than $100,000. The CO shall issue a decision on any submitted claim of $100,000 or less within 60 days from receipt of a written request from the contractor that a decision be rendered within that period.

d. Claims equal to or greater than $100,000. For claims of more than $100,000, the contractor shall certify that the claim is made in good faith, that the supporting data are accurate and complete to the best of his or her knowledge and belief, that the amount requested accurately reflects the contract adjustment for which the contractor believes the House is liable, and that the certifier is duly authorized to certify the claim on behalf of the contractor. The CO shall, within 60 days of receipt of such a submitted certified claim:

1. Issue a decision, or

2. Notify the contractor of the time within which a decision will be issued.

e. The decision of the CO on submitted claims shall be issued within a reasonable time, in accordance with guidelines contained herein, taking into account such factors as the size and complexity of the claim and the adequacy of the information in support of the claim provided by the contractor.

f. Any failure by the CO to issue a decision on a contract claim within the period required will be deemed to be a decision by the CO denying the claim and will authorize the commencement of an appeal on the claim as otherwise provided herein.

7.5 Contractor's Right of Appeal

a. Within 30 days from the date of receipt of a CO=s decision, the contractor may appeal such decision to the Associate Administrator for Procurement and Purchasing (AA/P&P) and offer evidence in support of its appeal. The AA/P&P shall provide, to the fullest extent practicable, informal and expeditious resolution of disputes, and shall issue a decision in writing or take other appropriate action on each appeal submitted, and shall mail or otherwise furnish a copy of any written decision to the contractor and the CO. In those cases where the CO and the AA/P&P are one in the same, the contractor will proceed directly, in lodging any desired appeal, to the CAO.

b. Within 30 days from the date of receipt of notification of the decision of the AA/P&P, the contractor may appeal such decision, and offer evidence in support of its appeal, to the CAO, who shall be the final appeal authority on the merits of the dispute. The CAO shall provide, to the fullest extent practicable, informal and expeditious resolution of disputes, and shall issue a decision in writing or take other appropriate action on each appeal submitted, and shall mail or otherwise furnish a copy of any written decision to the contractor, the CO, and the AA/P&P.

c. The contractor may request an opportunity to be heard in support of its appeal at each step in the resolution process pertaining to the merits of the dispute. The determination on granting such request shall be at the discretion of the appropriate official.

d. The decision of the CAO may be appealed by the contractor, within 10 days of the date of receipt of notification of the decision, to the Committee on House Oversight. Such appeal shall be limited to the question of whether the CAO properly followed the procedures established herein. The AA/P&P will forward any such appeal, through the CAO, to the Committee along with appropriate documentation pertaining to the dispute.

SECTION 8

BONDS

8.1 Reference

Procurement Guidelines.

8.2 Bonds

Performance or payment bonds are not required, except when necessary to protect the interest of the House. Such bonds should be utilized sparingly.

a. The following situations may warrant the posting of a bond.

1. House property or funds are to be provided to the contractor for use in the contract.

2. A contractor sells assets to or merges with another concern and the House, after recognizing the latter concern as the successor in interest, desires assurance that it is financially capable of performance.

3. Substantial progress payments are made before delivery of an item starts.

b. When a bond is required, the solicitation shall specify the requirement for the bond; the penal sum of each bond (expressed as a fixed sum or percentage of the contract price) or penal coverage required in case of annual bonds; and the deadline for submitting acceptable bonds.

SECTION 9

CONTRACT PERFORMANCE PERIODS

9.1 Reference

Procurement Guidelines.

9.2 Contract Performance Periods

a. The general rule is that no contract shall have a performance period in excess of one year.

b. The CAO may, however, include renewal options in contracts for one or more periods, when it is in the interest of the House, or may execute multi-year contracts for certain categories, such as telecommunications, automatic data processing, leases and others, that lend themselves to longer periods.

c. All contracts with a performance period in excess of one year, including renewal options, must be approved by the Committee. See Section 1.5.c.

d. The CAO must notify the Committee of the intention to exercise a contract renewal option or to pursue a contract extension at least sixty (60) days before the end date of the current performance period. Purchasing offices should prepare a brief Committee notification document and submit it to the Office of Procurement and Purchasing (OPP) at least ninety (90) days before the end of the current performance period. The document, addressed to the Chairman from the CAO, should state its purpose, the contract in question (with contract number), length of extension or renewal option, dollar amounts, and points of contact (generally the heads of OPP and the requesting office). It should be accompanied by a copy of the contract and any such other supporting materials deemed pertinent by the office. The document will be routed through the Finance Office, Administrative Counsel, and the CAO for review prior to submission to the Committee.

SECTION 10

EXAMINATION OF CONTRACTOR RECORDS AND AUDITS

10.1 Reference

Procurement Guidelines.

10.2 Examination of Contractor Records and Audits

a. The CAO, acting through an authorized representative, may audit the records of a contractor or subcontractor performing a cost-reimbursement, incentive, time-and-material, labor-hour, or cost-plus contract, or any combination of such contracts.

b. For audits which are less likely to be complex and time-consuming efforts, internal personnel may be utilized to accomplish the audit. The Associate Administrator for Procurement and Purchasing is authorized by the CAO to conduct such audits, and may designate other appropriate personnel, such as Contracting Officer=s Representatives, to assist him or her.

c. For complex and potentially time-consuming audits, the CAO may elect to request assistance from the House Inspector General (hereinafter "the IG") and/or to pursue appropriate means for requesting assistance from the General Accounting Office. In the event that the CAO elects such an approach, the request must be in writing and must clearly state the level of assistance required in sufficient specificity to allow for an accurate assessment of resources required to accomplish the task. In addition, a CAO point of contact shall be designated for coordination between the CAO and the auditing activity.

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