§ 3-60.207 Optional procedure for appeals involving amounts not in excess of $5,000.

In order to eliminate the costs of a hearing to the contractor and to the Government on appeals involving relatively small amounts, and to expedite the decisions on such appeals, an appeal involving an amount not in excess of $5,000 shall be considered without a hearing in accordance with the provisions of § 3-60.208, unless a hearing has been requested by either party or unless the Board orders a hearing. If the appellant does not request a hearing within twenty days after receipt of the acknowledgment of the notice of appeal, the appeal shall be considered in accordance with the provisions of § 3-60.208, unless the Board orders a hearing. § 3-60.208

ing.

Submission without a hear

Where neither party desires a hearing, and the Board does not require one, the Board's findings and recommendations will be based upon the appeal file and upon such briefs or other written material which it may, in its discretion, request the parties to submit.

§ 3-60.209 Settlement.

A dispute may be settled at any time before the decision (a) by the Contractor's filing a written notice withdrawing his appeal, or (b) by written stipulation between the contractor and the contracting officer, or their counsel or representatives, subject to the approval of the Assistant Secretary. If only part of the dispute is settled the appeal shall continue as to any issues remaining in dispute.

§ 3-60.210 Prehearing conference.

(a) The Board, upon the request of either party, or in its own discretion, may arrange for the holding of a prehearing conference by a designated member or members of the Board at a time and place specified by the Board to consider the following:

(1) Simplification or clarification of the issues.

(2) Possibility of obtaining stipulations, admissions of fact, and agreement respecting the introduction of documents. (3) Limitation of the number of expert witnesses.

(4) Possibility of agreement disposing of all or any of the issues in dispute.

(5) Such other matters as may aid in the disposition of the appeal.

(b) The results of the conference shall be reduced to writing by the Board member or members who conducted the conference and shall be made part of the record.

§ 3-60.211 § 3-60.211-1

Hearings.

Notice and where held.

The Board shall grant a hearing at the request of either party, or in its own discretion may order that a hearing be held. The parties will be given a minimum of 20 days notice in writing of the time and place of the hearing. Unless there is substantial justification shown to the satisfaction of the Assistant Secretary for holding the hearing elsewhere, it will be held in the HEW Building, Washington, D.C. Hearings in Washington, D.C., shall be held before the entire Board and presided over by the Board Chairman. The Board Chairman may designate one member of the Board to conduct a hearing to be held outside Washington, D.C.

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

§ 3-60.211-3 Absence of parties.

The unexcused absence of a party or his authorized representative at the time and place set for the hearing will not be the occasion for delay of the hearing. In such event, the hearing will proceed and the case will be regarded as submitted on the record by the absent party. § 3-60.211-4 Nature of hearings.

Hearings will be as informal as reasonably permissible, and will seek to provide the Board with the pertinent facts and the positions of the parties as a basis for the Board's findings and recommendations. The parties may offer such relevant evidence or argument as they deem appropriate subject, however, to the exercise of reasonable discretion by the Board or the member conducting the hearing in supervising the extent and 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 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.

§ 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 information 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.

3-75.208

Office of Administration, Division of General Services.

Subpart 3-75.3-Mistakes in Bids 3-75.301 Determinations delegation.

AUTHORITY: The provisions of this Part 3-75 issued under General Services Administration Delegation 410 (27 F.R. 3017, Mar. 30, 1962) and secs. 2-500-40 and 2-500-60, as amended, of the Statement of Organization and Delegation of Authority, Secretary, Department of Health, Education, and Welfare (22 F.R. 1049, 24 F.R. 8612).

SOURCE: The provisions of this Part 3-75 appear at 27 F.R. 10792, Nov. 16, 1962, unless otherwise noted.

Subpart 3-75.1-General Delegation § 3-75.101 Authority delegated.

Authority to make purchases of and contracts for property or services, to sign and issue purchase orders, contracts and certificates of award in connection therewith, and to use the procurement provisions contained in Title III, Public Law 152, 81st Congress (63 Stat. 377) (Federal Property and Administrative Services Act of 1949) as amended (41 U.S.C. 251 et seq.): Provided, That this authority shall be exercised in accordance with applicable limitations and requirements of Public Law 152, 81st Congress, as amended, particularly sections 304 and 307 and policies, procedures, limitations, and controls prescribed by the General Services Administration and the Department.

(5) General Supply Officer.

(6) Supervisory Procurement Agent. (b) Authority delegated in this section is limited as follows:

(1) No authority is delegated to:

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

(ii) Purchase or contract for supplies, equipment, or services of an administrative nature for headquaters 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 Commissioner and Assistant Commissioner for Administration in full or in part to officials in the Food and Drug Administration. However, such redelegation must be reported immediately to the Office of Administration.

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

(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 to the Office of Administration.

§ 3-75.205 Public Health Service.

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

(1) Surgeon General.

(2) Deputy Surgeon General.

(3) Executive Officer.

(4) Assistant Executive Officer. (5) Chief, Division of Administrative Services.

(b) Authority stated in § 3-75.101 to negotiate contracts under Title III, section 302 (c) (11), Public Law 152, 81st Congress, as amended, is delegated to:

(1) Chief, Supply Management Branch, Division of Administrative Services.

(2) Director, National Institutes of Health.

(3) Chief, Supply Management Branch, National Institutes of Health.

(4) Head, Research Contracts Section, National Institutes of Health.

(5) Assistant Head, Research Contracts Section, National Institutes of Health.

(6) Group Heads, Research Contracts Section, National Institutes of Health.

(7) Executive Officer, Bureau of State Services.

(8) Assistant Executive Officer, Bureau of State Services.

(9) Chief, Contract Branch, Bureau of State Services-Community Health.

(10) Chief, Contract Branch, Bureau of State Services-Environmental Health. (11) Chief, Contract Branch, Bureau of State Services-Environmental Health, may also exercise the above cited authority for the Bureau of Medical Services and the Office of the Surgeon General.

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

(1) No authority is delegated to: (i) Negotiate purchases or contracts under section 302(c) (12), or to make advance payments under section 305.

(ii) Purchase or contract for supplies, equipment, and 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.

(iv) The officers specified in paragraph (b) (5), (6) and (8) of this section to make the necessary determinations and decisions specified in section 302 (c) (11) for contracts of $25,000 or less. (v) Make the necessary determinations and decisions specified in section 302 (c) (13).

(d) Authority delegated in this section may be redelegated by the Surgeon General and the Chief, Division of Administrative Services, in full or in part to officials in the Public Health Service, except for negotiation under section 302 (c) (11). However, such redelegation must be reported immediately to the Office of Administration.

[27 F.R. 10792, Nov. 16, 1962, as amended at 28 F.R. 14323, Dec. 27, 1963] § 3-75.205-1 ices.

Bureau of Medical Serv

Pursuant to authority vested in the Chief, Division of Administrative Services, the officials occupying the following positions in the Area Offices of the Division of Indian Health, Bureau of Medical Services, are authorized to negotiate and award contracts for architectural and engineering services for bridges, roads, sidewalks, sewers, mains, or other similar items, regardless of construction costs, and for any public building or public improvement when the construction cost is estimated to be less than $200,000; and to advertise and award contracts for construction of Indian health sanitation facilities pursuant to Public Law 86-121; and to advertise and award contracts for construction of Indian health facilities (other than contracts for construction of Indian health sanitation facilities pursuant to Public Law 86-121) when the construction cost is less than $200,000:

Medical Officer in Charge.

Deputy and/or Assistant Medical Officer in
Charge.

Executive or Administrative Officer.
General Services Officer.