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§ 5-60.207 Representation.

An appellant may appear before the Board in person, or may be represented by counsel or by any other duly authorized representative.

§ 5-60.208 Depositions.

(a) Upon agreement of the parties, the testimony of any person may be taken by deposition for use as evidence in the appeal proceedings. The deponent may be examined on any matter, not privileged, which is relevant to the subject of the appeal. Testimony taken by deposition shall not be considered as evidence in the appeal until such testimony is offered and received in evidence at the oral hearing. If oral hearing has been waived and the appeal is submitted on the record pursuant to the Board's rules, the deposition shall be considered In evidence before the Board, unless any objection made thereto shall have been sustained. Objection may be made at the oral hearing or on submission on the record to receiving in evidence any deposition or any part thereof on the ground that it does not qualify for admission or upon any other ground which would require the exclusion of the evidence if the witness were orally testifying before the Board. Opportunity for rebuttal of relevant evidence contained in a deposition which is received in evidence shall be accorded the adverse party.

(b) Depositions shall be taken before any person authorized to administer oaths by the laws of the United States or of the state where the examination is held. Each deposition shall show the Board's docket number and style of the proceeding, the place and date of taking, the name of the deponent and the names of all persons present. The person taking the deposition shall certify thereon that the witness was duly sworn by him and that the deposition is a true record of the testimony given by the witness.

(c) Depositions may be taken upon oral examinations or upon written Interrogatories.

§ 5-60.209 Discovery.

(a) Upon written motion filed with the Board, appellant may move for access to official records in the custody of the General Services Administration for the inspection or production of records, not privileged, which constitute or con

tain evidence regarding any mattd which is relevant to the subject matte involved in the appeal.

(b) The motion shall identify wrti reasonable particularity the documst desired and in what respect it is releran to the issues of the case in terms of dil covery. No record furnished in respona to a motion shall become evidence unc offered and received in evidence, lid tions for an order of discovery shall b filed with the Board prior to oral hew ing.

(c) Privileged records are those: relating solely to internal managemer. (2) confidential by law, (3) securtq classified, and (4) whose release is otbea wise not in the public interest.

(d) Records, as used in this subpar include, but are not limited to. does ments, papers, books, and letters.

§ 5-60.210 Conferences.

(a) The Board may, upon the rec . of either party, or in its own discretes arrange for the holding of a conferenc at a time and place specified by ti Board to consider the following:

(1) Simplification of the issues.

(2) Possibility of obtaining stipuW tions, admissions of fact, and agreemed respecting the introduction of does ments.

(3) Limitation of the number of pert witnesses.

(4) Such other matters as may fac_ tate disposition of the appeal.

(b) A memorandum report by Board member who conducted the ference shall be Included In the appa file.

§ 5-60.211 Submission without i ing.

Where neither party desires a ing, and the Board does not require oo the Board's decision will be based up* the available record as furnished by tt parties.

§ 5-60.212 Hearings.

The Board shall grant a hearing at t

request of either party, or in its own cretion may order that a hearing I held. The parties will be given a mum of 15 days' notice in writing of ti time and place of the hearing. Unli there is substantial justification for holding the hearing elsewhere. It be held in the General Services

Washington, D.C. The hearing wffl be resided over by a designated member f the Board panel which is to render tie decision. .1-60.213 Absence of a party froaa

hearing.

The unexcused absence of a party or is authorized representative at the time nd place set for the hearing will not e the occasion for delay of the hearing, i such event, the hearing will proceed nd the case will be regarded as sublitted on the record by the absent party. 5-60.214 Nature of hearings. Hearings will be as informal as rea>nably permissible, and will seek to proide the Board with the pertinent facts ad the positions of the parties as a isis for the Board's decision or recomtendation. The parties may offer such ilevant evidence or argument as they eem appropriate, subject, however, to le exercise of reasonable discretion by le presiding member of the Board in ipervising the extent and manner of resenting such evidence. The weight » be attached to any evidence presented ill be determined by the Board. 5-60.215 Examination of witnesses. Witnesses will not be required to tesfy under oath. However, if circumances so warrant, the presiding Board .ember may warn the witness that his atements may be subject to the prosions of Title 18, U.S.C. sees. 287, 1001, id any other provisions of law imjsing penalties for knowingly making ilse representations in connection with aims against the United States or in iy matter within the jurisdiction of iy department or agency thereof. S-6O.216 Post-hearing submissions.

(a) Either party may submit, or at ie direction of the Board shall submit, brief or memorandum to be filed with

a period of time, not to exceed 30 days,

be fixed by the presiding Board mem•r The other party will be afforded (oortunity for rebuttal within a similar ne limitation to be established as oresaid. In appropriate cases, the >ard may direct the filing of simulneous briefs within a period of time

be designated by the presiding Board ember.

b • t!*f*i party will furnish the Board with a copy of his posthearing submission, serve the other party with a copy thereof, and give the Board due notice of such service. The Board thereupon will consider the appeal submitted for decision unless the Board, In its own discretion, or in response to a request from either party, should decide that a further development of the issues is necessary.

§ 5-60.217 Transcripts of proceedings. Hearings shall be reported verbatim unless the Board orders otherwise. Copies of transcripts of proceedings can be obtained by appellants by ordering same from the public reporter and paying the cost thereof. Copies of such transcripts will be made available by the Board to the General Services Administration, and to other Interested Goverment agencies upon their request.

§ 5-60.218 Submission of additional information at Board's request.

The Board may, at any stage of an appeal proceeding, request either party to furnish any information the Board deems necessary or desirable in connection with its consideration of the appeal. Submission thereof shall be made within a time limit to be specified by the Board.

§ 5-60.219 Copies of document*.

(a) Copies of documents will be accepted in evidence in lieu of submission of original documents where such submission is not practicable. After a decision has become final, any documents not needed for the appeal file will be returned to the parties upon request.

(b) All documents presented at any stage of an appeal, except for the notice of appeal and its supporting brief, If any. must be submitted In triplicate, including, specifically, documents offered In evidence at a hearing.

§ 5-60.220 Decision*.

(a) The Board's decision will be made in writing. The appellant will be furnished a copy of such decision by letter sent certified mail, return receipt requested, to appellant's last address of record. Copies of the decision will al*o be sent to appropriate officials of the General Services Administration.

(b) In certain instances, where circumstances warrant, the decisions of the Board will be in summary form. In those instances where the Administrator of General Services has reserved the right to make the decision on the appeal, the appellant will be notified thereof by letter signed by the Administrator.

§ 5—60.221 Optional accelerated procedure for cases involving sums not in excess of $5,000.

(a) An appeal involving sums not in excess of $5,000 shall be handled under this rule at the written request of either party, subject to the concurrence of the other party.

(b) The appeal will be decided on the basis of the available record as furnished by the parties unless a hearing has been requested by either party, or unless the Board orders a hearing.

(c) The appeal shall be decided by the chairman of the panel to which the appeal has been assigned. For this purpose, the chairman of the panel is vested with all the authority and power of the full Board to hear, consider, and decide the appeal. At the discretion of the panel chairman, the panel shall participate in the decision.

(d) Under this accelerated procedure the decision will be issued on an expedited basis, without regard to its normal position on the docket, and will be rendered in summary form unless other action appears indicated.

§ 5-60.222 Reconsideration of decisions.

A request for reconsideration of a decision may be filed in writing with the

Board by either party within 30 dsji after the date of receipt of a copy a such decision. This filing requireme:i means that the request for reconsider tion must actually be delivered to and b on file with the Board on or before th expiration of such 30-day period. Sud a request will be considered if based upa (a) newly discovered evidence, or (b) i point of law, and must set forth spetifi cally the grounds relied upon to sustai same. Either party may ask permissia to present oral argument in support a his request, but such argument will b heard by the Board only in those case in which three members of the Boas agree that this should be done.

§ 5-60.223 Extensions of time.

The Board may grant time extension except with respect to the filing of notice of appeal and the filing of a re quest for reconsideration, respectively

§ 5-60.224 Payment of claims.

In cases where the Board finds i favor of the appellant, claims shall Do be paid by the Office of Data and r. nancial Management, OFA. Genen Services Administration, before 30 du after the date of the Board's decision as less, prior thereto, the Director of Dtt and Financial Management is nobfic that the Government does not intend t request reconsideration of the appn If the Government requests reconsiden tion, payment shall be withheld penda the Board's final ruling on the Involved in such request.

maua PART 5A-1—GENERAL

CHAPTER 5A-FEDERAL SUPPLY SERVICE, GENERAL SERVICES ADMINISTRATION

Sec. 5A-1.000

Scope of part.
Subpart SA—1.1—Introduction

5A-1.101 Scope of subpart.

fA-l.102 Establishment of Chapter 5A, General Services Administration Procurement Regulations.

5A-1.103 Relationship of Chapter 5A to the FPR and Chapter 5, GSPR.

5A-1.104 Applicability.

5A-1.105 Exclusions.

5A-1.106 Method of Issuance.

5A-1.107 Arrangement.

5A-1.107-1 General plan.

5A-1.107-2 Numbering.

5A-1.107-3 Cross-references.

5A-1.108 Citation.

5A-1.109 Deviation.

Subpart 5A-1.71—Criteria for Determining
Method of Supply

5A-1.7101 General.

5A-1.7102 Definition of use point.

SA-1.7103 Basic criteria.

5A-1.7104 Purchase for storage and Issue.

5A-1.7105 Consolidated purchase for direct delivery.

5A-1.7106 Purchase through Indefinite delivery type contracts.

5A-1.7107 Local purchase.

Authority: The provisions of this Part 5A-1 Issued under sec. 205(c), 63 Stat. 390. 10 UJS.C. 486(c); and 41 CFR 5-1.101(c). 28 P.R. 4559.

Source: The provisions of this Part 5A-1 ippear at 28 F.R. 6986. July 9, 1963.

§ 5A-1.000 Scope of part.

This part describes the method by which the Federal Supply Service implements and supplements the Federal Procurement Regulations (Chapter 1 of Title 41, Code of Federal Regulations) and the GSA-wide procurement policies and procedures (Chapter 5 of the General Services Administration Procurement Regulations). In addition, it contains policies and procedures which implement and supplement Chapter 1 and Chapter 5.

Subpart 5A—1.1—Introduction

§ 5A-1.101 Scope of subpart.

This subpart establishes Chapter 5A of the General Services Administration Procurement Regulations (41 CFR Ch. 5A), states its relationship to the Federal Procurement Regulations (FPR) and Chapter 5 of the General Services Administration Procurement Regulations (GSPR), and sets forth other introductory information.

§ SA-1.102 Establishment of Chapter 5A, General Services Administration Procurement Regulations.

This Chapter 5A of GSPR is prescribed by the Commissioner, Federal Supply Service, and is established to provide all Federal Supply Service (FSS) activities with additional uniform policies and procedures applicable to the procuremerit of personal property and nonpersonal services.

§ 5A-1.103 Relationship of Chapter 5A to the FPR and Chapter 5, GSPR.

(a) GSPR Chapter 5A implements and supplements the FPR and GSPR Chapter 5. Implementing material is that which expands upon related FPR or Chapter 5 material. Supplementing material is that for which there is no counterpart in the FPR or Chapter 5.

(b) Material published in the FPR or GSPR Chapter 5 becomes effective throughout FSS upon the effective date of the particular FPR or Chapter 5 material. Such material will not be repeated, paraphrased, or restated in Chapter 5A. Therefore, all three must be reviewed to obtain comprehensive coverage of FSS-wide procurement policies and procedures.

(c) Material in Chapter 5A implements and supplements but does not supersede the FPR or Chapter 5 unless a deviation has been authorized and the deviation is explicitly referenced. In cases of other conflict, or when Chapter 5A contains no related material implementing the FPR or Chapter 5, the FPR or Chapter 5 will govern.

§ 5A-1.104 Applicability.

Chapter 5A applies to all purchases and contracts made by FSS for the procurement of personal property and nonpersonal services.

§ 5A-1.105 Exclusions.

(a) Certain FSS procurement policies and procedures which come within the scope of this chapter nevertheless may be excluded therefrom when there is justification. These inclusions include the following categories:

(1) Subject matter which bears a security classification.

(2) Policies or procedures which are expected to be effective for a period of less than six months.

(3) Policies or procedures which are effective on an experimental basis for a reasonable period.

(4) Policies or procedures pertaining to other functions of FSS as well as to procurement functions and there is need to make the issuance available simultaneously to all FSS employees concerned.

(5) Where speed of issuance is essential, numerous changes are required, and all necessary changes cannot be made promptly.

(b) Procurement policies and procedures issued in other than the FPR System format under paragraphs (a) (4) and (5), above, shall be codified into Chapter 5A at the earliest practicable date, but in any event not later than sii months from date of issuance.

§ 5A-1.106 Method of issuance.

(a) All Chapter 5A material deemed necessary for business concerns, and others interested, to understand FSS procurement policies and procedures will be published in the Federal Registh. Other related material also may be published in the Federal Register when itJ inclusion will provide a logical, comprehensive statement of FSS procurement policies and procedures.

(b) Chapter 5A material published In the Federal Register will be published in cumulative form in Chapter 5A of Title 41 of the Code of Federal Regulations (41 CFR Ch. 5A). The Federal Registh and Title 41 of the Code of Federal Regulations may be purchased from the Superintendent of Documents, Government Printing Office, Washington 25, D.C.

§ 5A—1.107 Arrangement.
§ 5A-1.107-1 General plan.

Chapter 5A is divided into parts, subparts, sections, subsections, and further subdivisions as necessary.

§ 5A-1.107-2 Numbering.

(a) Generally, the numbering system used in Chapter 5A conforms to that ol the FPR (see § 1-1.007-2). Thus, a particular procurement policy or procedure is identified by the same number In the FPR, Chapter 5, and Chapter 5A, except that the first digit of the number to either 1, 5, or 5A.

(b) Where Chapter 5A implements i part, subpart, section, or subsection ol the FPR or Chapter 5, the implementing part, subpart, section, or subsection oi Chapter 5A will be numbered (and optioned) to correspond to the FPR or tin Chapter 5 part, subpart, section, or subsection.

(c) Where Chapter 5A supplement! the FPR or Chapter 5 and thus deal with subject matter not contained in tin

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