Subpart 11-60.4—Appeals Hearings § 11-60.400 Where and when held.

(a) Hearings will ordinarily be held in Washington, D.C., except that upon request seasonably made and upon good cause shown, the Board may in its discretion set the hearing at another location. Hearings will be scheduled at the discretion of the Board with due consideration to the regular order of appeals and other pertinent factors. However, the Board may, on its own motion, or on the motion of a party, advance or defer a scheduled hearing.

§ 11-60.403 Notice of hearings.

(a) The parties shall be given at least 15 days notice of the time and place set for hearings. In scheduling hearings, the Board will give due regard to the desires of the parties, and to the requirement for just and inexpensive determination of appeals without unnecessary delay.

§ 11-60.406 Unexcused absence of a party.

(a) The unexcused absence of a party at the time and place set for hearing will not be occasion for delay. In the event of such absence, the hearing will proceed and the case will be regarded as submitted by the absent party without a hearing, as provided in § 11-60.336. § 11-60.409 Nature of hearings.

(a) Hearings shail be as informal as may be reasonable and appropriate under the circumstances. Appellant and appellee may offer at a hearing on the merits such evidence as they deem appropriate, subject however, to the sound discretion of the Board. In general, admissibility will hinge on relevancy and materiality. Letters or copies thereof, affidavits, or other evidence not ordinarily admissible under the generally accepted rules of evidence, may be admitted in the discretion of the Board. The weight to be attached to evidence presented in any particular form will be with the discretion of the Board, taking into consideration all circumstances of the particular case.

(b) Stipulations of fact agreed upon by the parties may be regarded and used as evidence at the hearing. The parties may stipulate the testimony that would be given by a witness if the witness were present. The Board may in any case

require evidence in addition to that offered by the parties.

§ 11-60.412 Examination of witnesses.

(a) Witnesses before the Board will be examined orally under oath or affirmation, unless the facts are stipulated, or the Board shall otherwise order.

(b) If the testimony of a witness is not given under oath, the Board may, if it seems expedient, warn the witness that his statements are subject to the provisions of Title 18, United States Code, sections 287 and 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.

§ 11-60.415 Copies of papers.

(a) When books, records, papers, or documents have been received in evidence, a true copy thereof or of such part thereof as may be material or relevant may be substituted therefor, during the hearing or at the conclusion thereof.

§ 11-60.418 Post-hearing briefs.

(a) Post-hearing briefs may be submitted upon such terms as may be agreed upon by the parties and the Board at the conclusion of the hearing Ordinarily they will be simultaneous briefs, exchanged within 20 days after receipt of transcript.

§ 11-60.421 Transcript of proceedings.

(a) Testimony and argument at hearings shall be reported verbatim, unless the Board otherwise orders. Transcripts of the proceedings shall be supplied to the appellant at such rates as may be fixed by contract between the Board and the independent reporter. If the proceedings are reported by an employee of the Government, the appellant may receive transcripts thereof under the conditions set forth in Subpart 1.25 of Title 33, Code of Federal Regulations.

§ 11-60.424 Withdrawal of exhibits.

(a) 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

§ 11-75.101 ity.

Procurement responsibil

(a) The Secretary of the Treasury has designated the Commandant to be responsible for the procurement policies and activities of the Coast Guard.

(b) The administration of procurement policies and activities as determined by the Commandant has been delegated to the Comptroller, who is designated as the chief officer responsible for procurement.

(c) In accordance with the authority contained in the act, and subject to the limitations set forth in this title, designated Coast Guard Contracting Officers are authorized to enter into contracts on behalf of the Government and in the name of the United States of America, by formal advertising, or by negotiation, or by procurement within the Government as hereinafter provided, for supplies and services required for the Coast Guard.

(d) Designated Contracting Officers who relieve or succeed previously designated Contracting Officers will assume administration of, make changes and/or modifications to contracts which were entered into by the previously designated Contracting Officer(s) of the activity to which they are assigned.

§ 11-75.102 General responsibilities.
[CGFR 64–33, 29 F.R. 11159, Aug. 1, 1964]
§ 11-75.102-1 Contracting officer.

(a) Contracting Officers are primarily responsible for assurance that contracts are authorized by law, for the execution and administration of contracts, for safeguarding the interest of the United States in contractual relationships, and for determining the facts under contracts.

(b) Contracting Officers shall personally sign all contracts and modifications entered into by them, except as provided in § 11-75.103(b)(1). The signing of original contractual documents shall not be accomplished by facsimile stamps or by proxy. However, the use of reproduced signatures on reproduced copies after the Contracting Officers have

(a) Personnel, other than the contracting officer, who determine type, quality, quantity, and delivery requirements for items to be purchased, can influence the degree of competition obtainable as well as having a material effect upon the price.

(b) Where it is determined that delinquency in delivery and uneconomical prices may occur as a result of failure to finalize requirements in sufficient time to allow:

(1) A reasonable period for preparation of request for proposals; or

(2) A reasonable period for preparation of quotations by offerors; or

(3) Sufficient time for contract negotiation and preparation; or

(4) Adequate delivery time,

the contracting officer will request a statement of justification to substantiate the contract file from the official(s) responsible for initiating the requirement. [CGFR 64-33, 29 F.R. 11159, Aug. 1, 1964]

§ 11-75.103 Contracting Officers' representatives.

(a) A Contracting Officer may designate qualified Coast Guard military and civilian personnel of not less than 21 years of age as his authorized representatives. Such designation shall be in writing and shall define the scope and limitations of the authorized representative's authority.

(b) A designation may be made by instructions referring to a particular contractual instrument or categories of instruments and may empower the authorized representative to take any or all action thereunder which could lawfully be taken by the Contracting Officer to the extent not specifically prohibited by

the terms of the contractual instrument involved. In no event shall an authorized representative, by virtue only of his designation as such, be empowered to execute or agree to any contract or modification thereof; any powers which a Contracting Officer has authority to delegate must be specifically included as a part of, or supplemental to, the designation.

(1) A Contracting Officer may empower his authorized representative, without redelegation of contracting authority, to issue change orders within the general scope of the contract provided such change orders do not involve a change in unit price, total contract price, quantity, quality, or delivery schedule. Deviations from this policy require approval of the chief officer responsible for procurement. Request for such deviations will set forth in detail the scope and limitations of authority which it is desired to delegate.

(2) A Contracting Officer may assign administration of a specific contractual instrument to another Contracting Officer, provided the assignee Contracting Officer's delegated authority permits, and the contractor shall be so notified. Such an assignment shall define the extent to which part or all of the original Contracting Officer's authority is transferred but shall not pass on to the successor any authorities which would exceed the limitations imposed on the successor by existing directives.

§ 11-75.104

Responsibility for assuring

the availability of funds.

Prior to the incurrence of an obligation, Contracting Officers shall assure themselves that adequate funds are available.

§ 11-75.105 Standards of conduct.

All personnel engaged in procurement and related activities shall conduct business dealing with industry in a manner above reproach in every respect. Transactions relating to expenditure of public funds require the highest degree of public trust to protect the interest of the Government. While many Federal laws and regulations place restrictions on the actions of Governmental personnel, the latter's official conduct must, in addition, be such that the individual would have no reticence about making a public disclosure thereof.

Subpart 11-75.2-Designation of Contracting Officers

§ 11-75.200 Scope of subpart.

This subpart sets forth specific designations as Contracting Officers, redelegation authorities and limitations therefor. § 11-75.201 Designation of Contracting Officers.

(a) Chief officer responsible for procurement. The chief officer responsible for procurement may designate such qualified employees as Contracting Officers, as he deems appropriate within monetary and other limitations as specifically set out in the designation of authority in addition to the designations set forth in this § 11-75.201.

(b) Coast Guard Headquarters. The Chief and Assistant Chief of the Procurement Branch, Supply Division, are designated as Contracting officers for all types of contracts.

(c) Field units. District Commanders and Commanding Officers of Headquarters units are designated as Contracting Officers for fixed price contracts with authority to delegate such authority to officers assigned to finance and supply duty and/or qualified civilian employees of not less than 21 years of age assigned within their respective commands as they deem necessary and appropriate. Designations of Contracting Officers with authority in excess of limitations imposed in this Chapter 11 will be as specifically authorized in individual letters of designation by the chief officer responsible for procurement.

(d) Limited purchasing authority. (1) Not exceeding $250 for supplies and services.

(2) Unforeseen requirements for industrial work orders when the delay in effecting procurement from regular sources of supply would not be economically feasible, not to exceed $2,500.

(3) Emergency procurement of supplies and services necessary for operational requirements, preservation of government property, safety and/or welfare of human life, not exceeding $2,500.

(4) Procurement of provisions required for operation of a general mess, not to exceed $2,500.

(5) Procurement not exceeding $2,500 for supplies or $2,000 for services authorized under small purchase procedures as deemed necessary may be delegated to qualified personnel assigned to duty as supply officer or purchasing clerk.

(e) Ordering officers. Designated Contracting Officers may designate qualified Coast Guard military and civilian personnel of not less than 21 years of age within their supply support area as ordering officers for the purpose of placing orders under contracts and upon other Government sources subject to monetary limitations and procedural requirements as may be prescribed by the designating official or by other regulations and laws; provided, however, that firm fixed prices are established by the related contract or schedule and the contractor is bound by the terms of the contract or schedule to accept orders thereon.

[CGFR 63-52, 28 F.R. 12093, Nov. 13, 1963, as amended by CGFR 64-33, 29 F.R. 11159, Aug. 1, 1964]