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§ 2-60.210–3 Amendments to petition, The Panel member shall preside, and answer, or reply.

shall establish the general procedures The Panel may, in its discretion, upon

for the introduction of evidence and the conditions just to both parties, permit or

calling of witnesses. The Panel may, in require amendments to the petition,

its discretion, order the submission of answer, or reply, at any time before com

trial briefs before the hearing, and may pleting the record upon or after hearing,

order the submission of briefs at the but may not allow any amendment that

completion of the hearing. substantially prejudices the other party.

$ 2–60.211 General rules for admin§ 2–60.210–4 Motions.

istrative inquiries and hearings. Motions by the appellant or by the Administrative inquiries and adversary contracting officer are made by filing hearings are conducted as informally as two copies of a notice thereof, together may be reasonably allowable and apwith any supporting papers, with the propriate under the circumstances. TesPanel, and furnishing one copy to the timony is not given under oath, but is other party. The Panel shall consider considered to be representations made in any timely motion for extension of time connection with claims against the to file; to cure defaults; to require that United States within the meaning of seca petition, answer, or reply be made more tion 287 and 1001 of Title 18, United definite and certain; to dismiss for lack States Code. The Panel member shall of jurisdiction, to dismiss or grant sum- invite the attention of witnesses to these mary relief because the petition, answer provisions of the law. Testimony is reor reply does not raise a justiciable issue; ported verbatim, or recorded with an apto require a prehearing conference to re- propriate device. The Panel may accept open a hearing; to take depositions; to true copies, so certified by the custodian dismiss for failure to prosecute; or to thereof, in place of original exhibits. reconsider a decision. In addition, the

$ 2–60.212 Representation of parties. Panel may make its own motions, by furnishing a notice thereof to the par

An individual appellant may prosecute ties. A party who receives a notice of

his appeal in person; a corporation, by motion has 20 days after the date he re

an officer, a partnership, by a member; ceives the notice to reply and file any

and any appellant may be represented answering material, unless a longer time

by an attorney. Other persons may be

authorized by the Panel to represent an is allowed by the Panel. Motions to reconsider a decision must be made within

appellant in a particular case. The con30 days after the date of receipt of the

tracting officer is represented by Agency

counsel. decision, unless for good cause shown, the Panel permits a longer period of time. § 2–60.213 Settlement. On all motions the Panel shall make orders that are appropriate and are just

A dispute may be settled at any time to the parties, and upon conditions that

before the decision by the contractor's fil

ing a written notice withdrawing his apwill promote efficiency in disposing of the appeal. The Panel may, in its discre- peal or by written stipulation between tion, permit oral hearing or argument

the contractor and the contracting officer and the presentation of briefs.

or their counsei, settling the dispute. § 2–60.210–5 Hearing.

§ 2-60.214 Decisions. The parties present the evidence at

The Panel shall make its decision in adversary hearings. Testimony is ad- writing, signed by the Panel members duced through examination and cross- designated by the Chairman to decide the examination of witnesses. The formal case. Copies of the decision shall be rules of evidence do not apply, but the sent at the same time to both parties. Panel member may, upon objection or on All orders and decisions of the Panel (exhis own motion, exclude evidence or dis- cept those required for good cause to be allow questions, on the grounds of irrel- held confidential) are available for public evance, impropriety, immateriality, or inspection at the offices of the Contract such insufficiency in probative weight as Appeals Panel, Federal Aviation Agency, not to be considered substantial evidence. Washington, D.C.

CHAPTER 3—DEPARTMENT OF HEALTH,

EDUCATION, AND WELFARE

Part
3-1 General.
3-60 Contract appeals.
3-75 Delegations of authority.

53

Subpart 3-1.1- Introduction

SOURCE: The provisions of this Subpart 3–1.1 appear at 29 F.R. 6494, May 19, 1964, unless otherwise noted.

PART 3-1-GENERAL Sec. 3-1.000 Scope of part.

Subpart 3-1.1- Introduction 3-1.101 Scope of subpart. 3-1.102 Purpose and authority. 3-1.103 Relationship to the FPR. 3-1.104 Applicability. 3-1.105 Method of issuance. 3-1.106 Exclusions. 3-1.107 Arrangement. 3-1.107-1 General plan. 3–1.107–2 Numbering. 3-1.107-3 Citation. 3-1.108 Deviations.

Subpart 3-1.6-Debarred, Suspended, and

Ineligible Bidders

3-1.600 Scope of subpart. 3-1.602 Establishment and maintenance

of a list of concerns or individuals debarred, suspended, or

declared ineligible. 3-1.602-1 Bases for entry on the debarred,

suspended, and ineligible list. 3-1.603 Treatment to be accorded firms or

individuals in debarred, sus

pended, or ineligible status. 3-1.604 Causes and conditions applicable

to determination of a debar

ment by an executive agency. 3-1.604-1 Procedural requirements relating

to the imposition of debarment. 3-1.605 Suspension of bidders. 3-1.605–1 Causes and conditions under

which HEW may suspend con

tractors. 3–1.605–2 Period and scope of suspension. 3–1.605–3 Restrictions during period of sus

pension. 3-1.605-4 Notice of suspension. 3-1.606 Agency procedure.

AUTHORITY: The provisions of this Part 3-1 issued under 5 U.S.C. 22; and 40 U.S.C. 486(c).

83-1.101 Scope of subpart.

This subpart sets forth introductory information pertaining to the HEW Procurement Regulations (herein identified as HEWPR). It explains the purpose of the HEWPR, authority under which they are issued, their relationship to the Federal Procurement Regulations System, applicability, method of issuance, exclusions, and arrangement. It, also, outlines procedures for implementing, supplementing, and deviating from the FPR. § 3–1.102 Purpose and authority.

HEWPR are issued to establish uniform policies and procedures for the procurement of personal property and nonpersonal services (including construction) by HEW. They are prescribed by the Administrative Assistant Secretary, under authority of 5 U.S.C. 22 and section 205(c) Federal Property and Administrative Services Act of 1949, as amended (40 U.S.C. 486(c)), delegated by the Secretary. § 3-1.103 Relationship to the FPR.

(a) HEWPR implement, supplement, and may deviate from, in some instances, the FPR. Implementing material is that which expands upon or indicates the manner of compliance with related FPR material. Supplementing material is that for which there is no counterpart in the FPR. Deviating material is defined in § 1-1.009 of the FPR.

(b) Material published in the FPR which has Government-wide applicability, becomes effective throughout HEW upon the effective date cited in the particular FPR material. Such material generally will not be repeated, paraphrased, or otherwise stated in HEWPR except to the extent necessary to supplement, implement, or deviate from the FPR.

(c) Procurement instructions and procedures which are necessary to implement, supplement, or deviate from the FPR will be issued in the HEWPR by the Division of General Services, Office of Administration, when necessary to accomplish HEW-wide procurement objectives.

as

$ 3–1.000 Scope of part.

This part establishes a system of procurement procedures applicable to procurements of personal property and nonpersonal services (including construction) by all offices and operating agencies of the Department of Health, Education, and Welfare (referred to herein HEW). The system is based upon the Federal Property and Administrative Services Act of 1949, and the Federal Procurement Regulations (referred to herein as FPR). It describes the method by which HEW implements, supplements, and may deviate from the FPR and sets forth policies and procedures which implement and supplement Part 1-1 of the FPR. (29 F.R. 6494, May 19, 1964)

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