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§ 3–60.207 Optional procedure for ap- (4) Possibility of agreement disposing peals involving amounts not in ex

of all or any of the issues in dispute. cess of $5,000.

(5) Such other matters as may aid in In order to eliminate the costs of a the disposition of the appeal. hearing to the contractor and to the (b) The results of the conference shall Government on appeals involving rela- be reduced to writing by the Board memtively small amounts, and to expedite the ber or members who conducted the condecisions on such appeals, an appeal in- ference and shall be made part of the volving an amount not in excess of $5,000 record. shall be considered without a hearing in

8 3–60.211 Hearings. accordance with the provisions of $ 3-60.208, unless a hearing has been requested $ 3–60.211-1 Notice and where held. by either party or unless the Board or

The Board shall grant a hearing at the ders a hearing. If the appellant does not

request of either party, or in its own request a hearing within twenty days

discretion may order that a hearing be after receipt of the acknowledgment of

held. The parties will be given a minithe notice of appeal, the appeal shall be

mum of 20 days notice in writing of the considered in accordance with the pro

time and place of the hearing. Unless visions of $ 3-60.208, unless the Board

there is substantial justification shown orders a hearing.

to the satisfaction of the Assistant Sec§ 3–60.208 Submission without a hear. retary for holding the hearing elsewhere, ing.

it will be held in the HEW Building, Where neither party desires a hearing,

Washington, D.C. Hearings in Washingand the Board does not require one, the

ton, D.C., shall be held before the entire Board's findings and recommendations

Board and presided over by the Board

Chairman, The Board Chairman may will be based upon the appeal file and upon such briefs or other written mate

designate one member of the Board to rial which it may, in its discretion,

conduct a hearing to be held outside request the parties to submit.

Washington, D.C. § 3-60.209 Settlement.

§ 3-60.211-2 Representation. A dispute may be settled at any time

An appellant may appear before the before the decision (a) by the Contrac

Board in person, or may be represented tor's filing a written notice withdrawing

by counsel or by any other duly author

ized representative. his appeal, or (b) by written stipulation between the contractor and the con- $ 3–60.211-3 Absence of parties. tracting officer, or their counsel or repre

The unexcused absence of a party or sentatives, subject to the approval of the

his authorized representative at the time Assistant Secretary. If only part of the

and place set for the hearing will not be dispute is settled the appeal shall con

the occasion for delay of the hearing. tinue as to any issues remaining in

In such event, the hearing will proceed dispute.

and the case will be regarded as sub§ 3–60.210 Prehearing conference.

mitted on the record by the absent party. (a) The Board, upon the request of

§ 3-60.211-4 Nature of hearings. either party, or in its own discretion, may arrange for the holding of a prehearing

Hearings will be as informal as reaconference by a designated member or sonably permissible, and will seek to members of the Board at a time and place provide the Board with the pertinent specified by the Board to consider the facts and the positions of the parties as following:

a basis for the Board's findings and rec(1) Simplification or clarification of ommendations. The parties may offer the issues.

such relevant evidence or argument as (2) Possibility of obtaining stipula- they deem appropriate subject, however, tions, admissions of fact, and agreement to the exercise of reasonable discretion respecting the introduction of documents. by the Board or the member conducting

(3) Limitation of the number of expert the hearing in supervising the extent and witnesses.

manner of presenting such evidence.

§ 3-60.211-5 Examination of witnesses.

Witnesses will not be required to testify under oath. However, if circumstances so warrant, the Board Chairman or the Board member conducting the hearing may warn a witness at the hearing that his statements may be subject to the provisions of Title 18, U.S.C., sections 287, 1001, and any other provisions of law imposing penalties for knowingly making false representations in connection with claims against the United States or in any matter within the jurisdiction of any department or agency thereof. All witnesses may be examined or cross-examined by the members of the Board, the parties, or their representatives. § 3–60.211-6 Copies of documents.

Copies of documents will be accepted in evidence if submission of original documents is not practicable. § 3–60.211-7 Post-hearing briefs.

Post-hearing briefs may be submitted upon such terms as may be agreed upon by the parties and the Board Chairman (or the Board member conducting the hearing) at the conclusion of the hearing. Ordinarily, simultaneous briefs will be exchanged within 30 days after the hearing transcript is received. § 3-60.211-8 Transcript of proceed

ings. 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.

$ 3–60.211-9 Withdrawal of exhibits.

After a decision has become final the Board may, upon request and after notice to the other party, in its discretion permit the withdrawal of original exhibits, or any part thereof, by the party entitled thereto. The substitution of true copies of exhibits or any part thereof may be required by the Board in its discretion as a condition of granting permission for such withdrawal. § 3–60.212 Submission of additional in

formation at Board's request. The Board may request either party at any stage of an appeal proceeding 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.

§ 3–60.213 Findings, recommendations,

and decision. (a) The Board shall submit its written findings and recommendations through the Director of General Services to the Assistant Secretary. These findings and recommendations shall be based upon the substantial evidence of record. The weight to be attached to the evidence of record will be determined by the Board in the exercise of reasonable discretion under all the circumstances of the particular case.

(b) The decision shall be rendered by the Assistant Secretary. A copy of the decision shall be furnished to both parties, and shall be available for public inspection at the office of the Chief, PSMB.

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PART 3–75-DELEGATIONS OF Subpart 3–75.2—General Delegation AUTHORITY

Delegatees and Specific Limitations Subpart 3–75.1-General Delegation

§ 3–75.201 Food and Drug AdminisSec.

tration. 3-75.101 Authority delegated.

(a) Authority stated in § 3–75.101 is Subpart 3–75.2—General Delegation Delegatees

delegated to: and Specific Limitations

(1) Commissioner. 3–75.201 Food and Drug Administration. (2) Deputy Commissioner. 3–75.201-1 Redelegations.

(3) Assistant Commissioner for Ad3–75.202 Office of Education.

ministration. 3–75.203 Office of Vocational Rehabilita

(4) Director, Division of General tion. 3–75.204 Saint Elizabeths Hospital.

Services. 3-75.205 Public Health Service.

(5) General Supply Officer. 3–75.205-1 Bureau of Medical Services.

(6) Supervisory Procurement Agent. 3–75.206 Social Security Administration.

(b) Authority delegated in this section 3–75.207 Office of Field Administration. is limited as follows: 3–75.207–1 Redelegations.

(1) No authority is delegated to: 3–75.208 Office of Administration, Division

(i) Negotiate purchases or contracts of General Services.

under section 302(c) (6), (8), (9), (12), Subpart 3–75.3—Mistakes in Bids

and (13), or to make advance payments 3–75.301 Determinations delegation.

under section 305. AUTHORITY: The provisions of this part

(ii) Purchase or contract for supplies, 3–75 issued under General Services Admin

equipment, or services of an administraistration Delegation 410 (27 F.R. 3017, Mar. tive nature for headquarters offices 30, 1962) and secs. 2-500–40 and 2-500–60, as which are obtained through the Procureamended, of the Statement of Organization ment and Supply Management Branch, and Delegation of Authority, Secretary, De- Division of General Services, Office of partment of Health, Education, and Welfare

Administration. (22 F.R. 1049, 24 F.R. 8612).

(iii) Make the necessary determinaSOURCE: The provisions of this Part 3–75 tions and decisions specified in section appear at 27 F.R. 10792, Nov. 16, 1962, unless 302(c) (11) for contracts in excess of otherwise noted.

$25,000.

(c) Authority delegated in this section Subpart 3–75.1-General Delegation may be redelegated by the Commissioner § 3–75.101 Authority delegated.

and Assistant Commissioner for Admin

istration in full or in part to officials in Authority to make purchases of and the Food and Drug Administration. contracts for property or services, to sign However, such redelegation must be reand issue purchase orders, contracts and

ported immediately to the Office of Adcertificates of award in connection there- ministration. with, and to use the procurement provisions contained in Title III, Public Law

$ 3–75.201–1 Redelegations. 152, 81st Congress (63 Stat. 377) (Federal (a) Authority delegated in § 3-75.201 Property and Administrative Services is redelegated as follows: Act of 1949) as amended (41 U.S.C.

(1) To directors of districts of the 251 et seq.): Provided, That this author

Food and Drug Administration. ity shall be exercised in accordance with

(2) To management assistants or ad

ministrative officers responsible for busiapplicable limitations and requirements of Public Law 152, 81st Congress, as

ness operations in districts of the Food

and Drug Administration. amended, particularly sections 304 and

(b) Authority redelegated in this sec307 and policies, procedures, limitations, tion is limited as follows: and controls prescribed by the General (1) The authority to make final deterServices Administration and the minations or final decisions with respect Department.

to individual purchases or contracts, or

with respect to classes of purchases or contracts, as provided in section 307 of the Federal Property and Administrative Services Act of 1949, shall be exercised in accordance with policies, procedures, limitations, and controls prescribed and supplemented by instructions issued by the Procurement and Property Branch, Division of General Services, Food and Drug Administration.

(2) No authority is redelegated to:

(i) Negotiate any contract or issue any purchase order in excess of the amount of $1,000, except purchase orders issued against Federal Supply Schedule Contracts or General Services Administration Stores Depots.

(ii) Issue any suborder in excess of the amount of $100 against any blanket purchase order issued, or blanket contract negotiated.

(iii) Make any contract under section 303 of the Federal Property and Administrative Services Act.

(iv) Negotiate contracts of types other than the fixed-price type.

(v) Negotiate for services of a technical and/or professional nature.

(c) Authority redelegated in this section cannot be further redelegated by the delegates thereof. § 3–75.202 Office of Education.

(a) Authority stated in § 3-75.101 is delegated to:

(1) Commissioner.
(2) Deputy Commissioner.
(3) Executive Officer.
(4) Fiscal Management Officer.

(b) Authority delegated in this section is limited as follows:

(1) No authority is delegated to:

(i) Negotiate purchases or contracts under sections 302(c) (1), (2), (3), (6), (7), (8), (9), (12), (13), and (14) or to make advance payments under section 305.

(ii) Purchase or contract for supplies, equipment, or services of an administrative nature for headquarters offices which are obtained through the Procurement and Supply Management Branch, Division of General Services, Office of Administration.

(iii) Make the necessary determinations and decisions specified in section 302 (c) (11) for contracts in excess of $25,000.

(c) Authority delegated in this section may be redelegated by the Commis

sioner in full or in part to oficials in the Office of Education, except for negotiation under section 302(c) (11). However, such redelegation must be reported immediately to the Office of Administration. § 3–75.203 Office of Vocational Reha.

bilitation. (a) Authority stated in § 3-75.101 is delegated to:

(1) Director.
(2) Deputy Director.

(3) Assistant Director, Management Services.

(4) Chief, Division of Personnel and Administrative Services.

(b) Authority delegated in this section is limited as follows:

(1) No authority is delegated to: (i) Negotiate purchases under section 302(c) (1), (2), (8), (9), (12), (13), and (14) or to make advance payments under section 305.

(ii) Purchase or contract for supplies, equipment, or services of an administrative nature for headquarters offices which are obtained through the Procurement and Supply Management Branch, Division of General Services, Office of Administration.

(iii) Make the necessary determinations and decisions specified in section 302 (c) (11) for contracts in excess of $25,000.

(c) Authority delegated in this section may be redelegated by the Director in full or in part to officials of the Office of Vocational Rehabilitation. However, such redelegation must be reported immediately to the Office of Administration. § 3–75.204 Saint Elizabeths Hospital.

(a) Authority stated in § 3–75.101 is delegated to:

(1) Superintendent.
(2) Assistant Superintendent.
(3) Executive Officer.
(4) Administrative Officer.
(5) Chief, Purchasing Section.

(6) Assistant Chief, Purchasing Section.

(b) No authority is delegated to negotiate purchases or contracts under section 302(c) (1), (5), (6), (7), (8), (11), (12), (13), and (14) or to make advance payments under section 305.

(c) Authority delegated in this section may be redelegated by the Superintendent in full or in part to officials of Saint Elizabeths Hospital. However, such re

delegation must be reported immediately

(iv) The officers specified in parato the Office of Administration.

graph (b) (5), (6) and (8) of this section

to make the necessary determinations § 3–75.205 Public Health Service. and decisions specified in section 302

(c) (11) for contracts of $25,000 or less. (a) Authority stated in § 3-75.101 is

(v) Make the necessary determinadelegated to:

tions and decisions specified in section (1) Surgeon General.

302(c) (13). (2) Deputy Surgeon General. (3) Executive Oficer.

(d) Authority delegated in this sec(4) Assistant Executive Officer.

tion may be redelegated by the Surgeon

General and the Chief, Division of Ad(5) Chief, Division of Administrative

ministrative Services, in full or in part Services.

to officials in the Public Health Service, (b) Authority stated in § 3-75.101 to

except for negotiation under section 302 negotiate contracts under Title III, sec

(c) (11). However, such redelegation tion 302(c) (11), Public Law 152, 81st

must be reported immediately to the Congress, as amended, is delegated to:

Office of Administration. (1) Chief, Supply Management

[27 F.R. 10792, Nov. 16, 1962, as amended at Branch, Division of Administrative Sery

28 F.R. 14323, Dec. 27, 1963] ices. (2) Director, National Institutes of

§ 3–75.205–1 Bureau of Medical Serv.

ices. Health.

(3) Chief, Supply Management Pursuant to authority vested in the Branch, National Institutes of Health. Chief, Division of Administrative Sery

(4) Head, Research Contracts Section, ices, the officials occupying the following National Institutes of Health.

positions in the Area Offices of the Divi(5) Assistant Head, Research Con- sion of Indian Health, Bureau of Medical tracts Section, National Institutes of Services, are authorized to negotiate and Health.

award contracts for architectural and (6) Group Heads, Research Contracts engineering services for bridges, roads, Section, National Institutes of Health. sidewalks, sewers, mains, or other simi

(7) Executive Officer, Bureau of State lar items, regardless of construction Services.

costs, and for any public building or (8) Assistant Executive Officer, Bu- public improvement when the construcreau of State Services.

tion cost is estimated to be less than (9) Chief, Contract Branch, Bureau

$200,000; and to advertise and award of State Services-Community Health. contracts for construction of Indian

(10) Chief, Contract Branch, Bureau health sanitation facilities pursuant to of State Services-Environmental Health. Public Law 86–121; and to advertise and

(11) Chief, Contract Branch, Bureau award contracts for construction of Inof State Services-Environmental Health, dian health facilities (other than may also exercise the above cited au- contracts for construction of Indian thority for the Bureau of Medical Sery- health sanitation facilities pursuant to ices and the Office of the Surgeon Gen- Public Law 86–121) when the construceral.

tion cost is less than $200,000: (c) Authority delegated in this section Medical Officer in Charge. is limited as follows:

Deputy and/or Assistant Medical Officer in (1) No authority is delegated to:

Charge. (i) Negotiate purchases or contracts Executive or Administrative Officer. under section 302(c) (12), or to make General Services Officer. advance payments under section 305. (ii) Purchase or contract for supplies,

§ 3–75.206 Social Security Administra

tion. equipment, and services of an administrative nature for headquarters offices (a) Authority stated in § 3–75.101 which are obtained through the Procure- (except as to section 302(c) (11.)) is delement and Supply Management Branch, gated to: Division of General Services, Office of (1) Commissioner. Administration.

(2) Deputy Commissioner. (iii) Make the necessary determina- (3) Administrative Officer. tions and decisions specified in section (4) Chief, Property Management Sec302(c) (11) for contracts in excess of tion, Bureau of Old-Age and Survivors $25,000.

Insurance.

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