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Subpart 11-60.4 Appeals Hearings require evidence in addition to that
offered by the parties. $ 11-60.400 Where and when held.
§ 11-60.412 Examination of witnesses. (a) Hearings will ordinarily be held in Washington, D.C., except that upon
(a) Witnesses before the Board will request seasonably made and upon good
be examined orally under oath or affircause shown, the Board may in its dis- mation, unless the facts are stipulated, cretion set the hearing at another loca
or the Board shall otherwise order. tion. Hearings will be scheduled at the
(b) If the testimony of a witness is discretion of the Board with due con
not given under oath, the Board may, sideration to the regular order of appeals
if it seems expedient, warn the witness and other pertinent factors. However,
that his statements are subject to the the Board may, on its own motion, or on provisions of Title 18, United States the motion of a party, advance or defer
Code, sections 287 and 1001, and any a scheduled hearing.
other provisions of law imposing penal
ties for knowingly making false repre$ 11-60.403 Notice of hearings.
sentations in connection with claims (a) The parties shall be given at least against the United States or in any mat15 days notice of the time and place set ter within the jurisdiction of any departfor hearings. In scheduling hearings, ment or agency thereof. the Board will give due regard to the
$ 11-60.415 Copies of papers. desires of the parties, and to the requirement for just and inexpensive determi
(a) When books, records, papers, or nation of appeals without unnecessary
documents have been received in evidelay.
dence, a true copy thereof or of such part
thereof as may be material or relevant $ 11-60.406 Unexcused absence of
may be substituted therefor, during the party.
hearing or at the conclusion thereof. (a) The unexcused absence of a party at the time and place set for hearing
8 11-60.418 Post-hearing briefs. will not be occasion for delay. In the (a) Post-hearing briefs may be subevent of such absence, the hearing will mitted upon such terms as may be agreed proceed and the case will be regarded as upon by the parties and the Board at the submitted by the absent party without conclusion of the hearing Ordinarily a hearing, as provided in § 11-60.336. they will be simultaneous briefs, ex$ 11-60.409 Nature of hearings.
changed within 20 days after receipt of
transcript. (a) Hearings shail be as informal as may be reasonable and appropriate un
§ 11-60.421 Transcript of proceedings. der the circumstances. Appellant and (a) Testimony and argument at hearappellee may offer at a hearing on the ings shall be reported verbatim, unless merits such evidence as they deem ap- the Board otherwise orders. Transcripts propriate, subject however, to the sound of the proceedings shall be supplied to the discretion of the Board. In general, appellant at such rates as may be fixed admissibility will hinge on relevancy and by contract between the Board and the materiality. Letters or copies thereof, independent reporter. If the proceedings affidavits, or other evidence not ordi- are reported by an employee of the Govnarily admissible under the generally ernment, the appellant may receive tranaccepted rules of evidence, may be ad- scripts thereof under the conditions set mitted in the discretion of the Board. forth in Subpart 1.25 of Title 33, Code The weight to be attached to evidence of Federal Regulations. presented in any particular form will be with the discretion of the Board, taking
§ 11-60.424 Withdrawal of exhibits. into consideration all circumstances
(a) After a decision has become final the particular case.
the Board may, upon request and after (b) Stipulations of fact agreed upon notice to the other party, in its discretion by the parties may be regarded and used permit the withdrawal of original exas evidence at the hearing. The parties hibits, or any part thereof, by the party may stipulate the testimony that would entitled thereto. The substitution of be given by a witness if the witness were true copies of exhibits or any part there. present. The Board may in any case of may be required by the Board in its discretion as a condition of granting permission for such withdrawal. f 11-60.427 Representation of parties.
(a) An individual appellant may appear before the Board in person, a corporation, by an officer thereof; a partnership or joint venture, by a member thereof; or any of these, by an attorney at law duly licensed in any State, Commonwealth, Territory, or in the District of Columbia.
(b) The appellee's counsel shall file notices of appearance with the Board, and notice thereof will be given appellant or his attorney in the form specified by the Board from time to time. § 11-60.430 Decisions.
(a) Decisions of the Board shall be made in writing and authenticated copies thereof will be forwarded simultaneously to both parties. The rules under which the Board functions and the Board's final orders and decisions (except those required for good cause to be held confidential and rot cited as precedents) shall be open for public inspection at the offices of the Board, at Coast Guard Headquarters, in Washington, D.C.
(b) Decisions of the Board will be based upon the record.
(c) Whenever at any time it appears that the parties are in agreement as to the disposition of the controversy, the Board may in its discretion, dispose of the controversy in accordance with that agreement. § 11-60.433 Motion for reconsideration.
(a) A motion for reconsideration, if filed by either party, shall set forth specifically the ground or grounds relied upon to sustain the motion and shall be filed within 30 days from the date of the receipt of a copy of the decision of the Board by the party filing the motion.
PART 11-75-PROCUREMENT AUTHORITY AND DELEGATIONS
and Responsibility 11-75.100 Procurement authority. 11-75.101 Procurement responsibility. 11-75.102 General responsibilities. 11-75.102–1 Contracting officer. 11-75.102–2 Other personnel. 11-75.103 Contracting Officers' represent
atives. 11-75.104 Responsibility for assuring the
availability of funds. 11-75.105 Standards of conduct. Subpart 11-75.2—Designation of Contracting
Officers 11-75.200 Scope of subpart. 11-75.201 Designation of Contracting of
ficers. AUTHORITY: The provisions of this part 11-75 issued under 14 U.S.C. 633, 10 U.S.C. Ch. 137.
SOURCE: The provisions of this Part 11-75 contained in CGFR 63-52, 28 F.R. 12093, Nov. 13, 1963, unless otherwise noted.
$ 11-75.101 Procurement responsibil
ity. (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.
§ 11-75.000 Scope of part.
This part sets forth procurement authority, designation of contracting of ficers and the general authorities and responsibilities of such officers.
Authority and Responsibility § 11-75.100 Procurement authority.
The basic authority for procurement for the Coast Guard is contained in Chapter 137, Title 10, U.S.C., as amended. This authority applies to the purchase and contract to purchase of all supplies and services authorized for operation the Coast uard or as specifically authorized in appropriation acts or other laws.
§ 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
manually signed the master and other the terms of the contractual instrument originals, is acceptable.
involved. In no event shall an author(c) Contracting Officers are respon- ized representative, by virtue only of his sible for the legal, technical, and admin- designation as such, be empowered to existrative sufficiency of the contracts they ecute or agree to any contract or modimake. To this end, they shall secure fication thereof; any powers which a legal, technical, and financial advice as Contracting Officer has authority to dele. necessary for the proper execution of gate must be specifically included as a their duties.
part of, or supplemental to, the designa(CGFR 63–52, 28 F.R. 12093, Nov. 13, 1963, as tion. amended by CGFR 64-33, 29 F.R. 11159, Aug. (1) A Contracting Officer may em1, 1964)
power his authorized representative, without redelegation of contracting au
thority, to issue change orders within § 11-75.102–2 Other personnel.
the general scope of the contract pro(a) Personnel, other than the con- vided such change orders do not involve tracting officer, who determine type, a change in unit price, total contract quality, quantity, and delivery require- price, quantity, quality, or delivery ments for items to be purchased, can schedule. Deviations from this policy influence the degree of competition require approval of the chief officer reobtainable as well as having a material sponsible for procurement. Request for effect upon the price.
such deviations will set forth in detail (b) Where it is determined that de- the scope and limitations of authority linquency in delivery and uneconomical which it is desired to delegate. prices may occur as a result of failure (2) A Contracting Officer may assign to finalize requirements in suficient time administration of a specific contractual to allow:
instrument to another Contracting Of. (1) A reasonable period for prepara- ficer, provided the assignee Contracting tion of request for proposals; or
Officer's delegated authority permits, and (2) A reasonable period for prepara- the contractor shall be so notified. Such tion of quotations by offerors; or
an assignment shall define the extent to (3) Suficient time for contract nego- which part or all of the original Contiation and preparation; or
tracting Officer's authority is transferred (4) Adequate delivery time,
but shall not pass on to the successor the contracting officer will request a
any authorities which would exceed the statement of justification to substantiate
limitations imposed on the successor by the contract file from the oficial(s) re
existing directives. sponsible for initiating the requirement. § 11-75.104 Responsibility for assuring (CGFR 64-33, 29 F.R. 11159, Aug. 1, 1964)
the availability of funds.
Prior to the incurrence of an obliga§ 11-75.103 Contracting Officers' repre
tion, Contracting Officers shall assure sentatives.
themselves that adequate funds are
available. (a) A Contracting Officer may designate qualified Coast Guard military and
§ 11-75.105 Standards of conduct. civilian personnel of not less than 21 All personnel engaged in procurement years of age as his authorized represent- and related activities shall conduct busiatives. Such designation shall be in ness dealing with industry in a manner writing and shall define the scope and above reproach in every respect. Translimitations of the authorized represent- actions relating to expenditure of public ative's authority.
funds require the highest degree of pub(b) A designation may be made by
lic trust to protect the interest of the instructions referring to a particular Government. While many Federal laws contractual instrument or categories of and regulations place restrictions on the instruments and may empower the au- actions of Governmental personnel, the thorized representative to take any or all latter's official conduct must, in addition, action thereunder which could lawfully be such that the individual would have be taken by the Contracting Officer to no reticence about making a public the extent not specifically prohibited by disclosure thereof.
(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.
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.
(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)