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The presiding Board or hearing examiner may, with the consent of the party present, cancel the hearing and treat the appeal as submitted on the written record.

Subpart D-Posthearing Procedures § 29-60.40 Briefs.

Any party to an appeal may submit a brief or memorandum within a period of time specified by the Board of Contract Appeals.

§ 29-60.41


A copy of a decision of a Board of Contract Appeals shall be furnished to all

parties to the appeal. A copy of the decision shall be available for public inspection at the Office of the Assistant Secretary for Administration.

§ 29-60.42


A request for reconsideration may be filed by any party to an appeal within 15 days after receipt of a copy of the decision of the appeal. Reconsideration of a decision, which may include a hearing or rehearing, may be granted if, in the judgment of the Board, sufficient reason therefor appears. Failure to request reconsideration shall not be deemed a failure to exhaust administrative remedies.

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Regulations. Copies of PODPR, as published in the FEDERAL REGISTER and the Code of Federal Regulations, may be purchased by the public from the Superintendent of Documents, Government Printing Office, Washington, D.C. 20402. § 39-1.107-3 Coordination.

Responsibility for the development of Chapter 39 of PODPR is assigned to the Assistant Postmaster General, Bureau of Facilities. In developing the regulations, this Bureau will solicit the views of the Bureaus and Offices concerned. The Office of General Counsel shall be responsible for determining the legality of all proposed regulations and policy and for making arrangements for the publication of these regulations and any subsequent implementation thereof in the FEDERAL REGISTER.

§ 39-1.108 Citation.

Any section of PODPR may be informally identified in internal instructions or correspondence by "PODPR” followed by the section number, as for example PODPR 39-1.108. Only those sections of the regulations which have been published in the FEDERAL REGISTER may be incorporated in contracts by reference. Such sections should be cited as "41 CFR" followed by the section number as "41 CFR 39-1.108".

§ 39-1.109 Bureau or office implementation.

Bureaus and Offices may supplement or implement the FPR and PODPR with internal instructions subject to the prior review and concurrence of the Assistant Postmaster General, Bureau of Facilities, and the Office of General Counsel. The purpose of this review is to ascertain that such instructions are consistent with FPR and PODPR, and that they do not contain material which should be issued as PODPR. A copy of each such instruction shall be furnished to the Procurement Division, Bureau of Facilities. Bureaus or Offices shall prepare for publication in the FEDERAL REGISTEG Such instructions, which implement or supplement FDR or PODPR, as are considered to be of interest to the general public. Such material shall be first submitted to the Assistant Postmaster General, Bureau of Facilities, for review and concurrence. Such material will thereafter be reviewed for legal sufficiency by the Office of General Counsel. When all necessary Bureau or Office concurrences have been

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(a) The Assistant Postmaster General, Bureau of Facilities, is authorized to approve deviations from FPR, to the extent authorized by FPR, and PODPR in individual cases when such action is clearly in the best interest of the Department. A record of the nature of each such deviation and the justification therefor shall be included in the contract file. A copy of each authorized deviation shall be sent to and retained by the Procurement Division, Bureau of Facilities. Any deviation must be approved in advance by the Assistant Postmaster General, Bureau of Facilities, and handled in the following manner.

(1) Request for deviation may be initiated by the contracting officer of any procuring activity of the Department or Postal Field Service. A request shall cite the specific part or section of FPR or PODPR from which it is desired to deviate, shall set forth the nature of the deviation, and shall give the reasons why such action is considered necessary or desirable. Request shall be routed through the head of the procuring activity for concurrence or additional comments. If the initiating office is at a field location, the request shall be routed through the cognizant Washington office of the Bureau or Office concerned. After the indicated concurrence has been obtained, requests shall be submitted to the Assistant Postmaster General, Bureau of Facilities.

(b) If a requested deviation is considered appropriate, approval will be accomplished as follows:

(1) Where the deviation applies to an individual case, approval will be granted by memorandum addressed to the requesting contracting officer with copies to interested Bureaus and Offices and the Procurement Division, Bureau of Facilities. The contract file of the requesting office shall include a copy of the request and approval.

(2) Where the deviation applies to a class of cases, necessary coordination with the General Services Administration will be accomplished by the Bureau of Facilities after consultation with the

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