the relative importance of the duties to be performed, the stature of the individual in his or her specialized field, comparable pay for positions under the Classification Act or other Federal pay systems, or rates previously paid other experts or consultants for similar work. Compensation at a per diem rate will be no more than that permitted by statutory authority. In addition, the contract may provide for such expenses as would be authorized for a Government employee, including actual transportation and per diem in lieu of subsistence while the expert or consultant is traveling between home or place of business and official duty station. However, no more than one rount trip to the official duty station shall be provided unless the services are rendered on an intermittent basis.

Where the individual is to render services, the compensation generally is subject to FICA (Social Security), FUTA (Unemployment Compensation), and Federal income withholding taxes. It may also be necessary to report or withhold State income tax under 5 U.S.C. 5517. The contracting officer shall take appropriate steps in coordination with the cognizant personnel office to have deductions and reports made where required by law.

12-50.302-4 Conflict of interest.

The contracting officer shall assure that individual experts or consultants who are torender services under contract have complied with appropriate conflict of interest regulations. 12-50.302-5 Administrative treatment.

Individual experts or consultants who are to render personal services under contract are charged against personnel ceilings in the same way as experts and consultants employed by excepted appointments. Also, the cognizant personnel office must maintain certain records on individual experts and consultants who render personal services. Therefore, the contracting of

ficer shall effect necessary coordination with the cognizant personnel office before award of a contract for expert or consultant services, and may also designate the appropriate personnel officer as his representative for the purpose of obtaining necessary data from the contractor for tax withholding purposes, for suitability investigation under Executive Order 10450, and for administering applicable conflict of interest provisions.

12-50.303 Contracts with firms for expert or consultant services.

Contracts with firms for expert or consultant services ordinarily need deal only with rights and obligations as between the Government and the firm, and need not deal with the question of compensation by the firm of the individuals it assigns to the work or with any other rights or obligations as between the firm and these individuals.

12-50.304 Contracts for stenographic reporting services.

Stenographic reporting services normally are provided by Federal Government employees appointed under the usual civil service procedures. However, these services may be procured by contract from individuals or firms pursuant to 5 U.S.C. 3109, or other statutory authority where there are variable requirements or insufficient qualified personnel, and necessity or economy to the Government demands procurement by contract. Such contracts normally shall be written on an end-product basis and payment made according to delivered items (e.g., number of copies of transcript, words per page, etc.), and the contractor ordinarily shall be required to furnish the necessary material (typewriter, paper, bindings, etc.). These contracts are subject ot all provisions of this subpart.

12-50.305 Modification of contracts.

When supplemental agreements or change orders are required which substantially change the basis upon which the justification was made, such as to revise substantially the scope of work or time limitations, or to apply

additional funds, authorization shall be requested in the same way and is subject to the same limitations as authorization to procure the total services by contract would have required in the first place.

Subpart 12-50.4-Procurement of Mortuary Services

§ 12-50.400 Scope of subpart.

This subpart is applicable only to the Coast Guard. It sets forth procurement procedures peculiar to contracts for mortuary services (the care of remains) of Coast Guard personnel.

§ 12-50.401 Procurement by contract.

(a) Where an existing contract for the care of remains is not available for Coast Guard use, procurement of such services shall be formally advertised except where negotiation is authorized, consistent with limitations and requirements set forth in Chapter 12B of the Coast Guard Personnel Manual.

(b) The contract format, terms and conditions, and clauses set forth in this subpart are appropriate for inclusion in a requirements type contract. They should be altered as deemed necessary by the contracting officer to fit a different contract type or procurement situation.

§ 12-50.402 Area of performance.

Each contract for care of remains shall clearly define the geographical area covered by the contract. The area shall be determined by the activity en

tering into the contract in accordance with the following general guidelines. It shall be an area using political boundaries, streets, and other features as demarcation lines. Generally, this should be a size roughly equivalent to the contiguous metropolitan or municipal area enlarged to include the activities served. In the event the area of performance best suited to the needs of a particular contract is not large enough to include a carrier terminal commonly used by people within such area, the contract area of performance shall specifically state that it includes such terminal as a pickup or delivery point.

§ 12-50.403 Solicitation provision.

Invitations for bids for mortuary services contracts shall contain the provision set forth below. This provision shall be appropriately modified for use in requests for proposals.

AWARD TO SINGLE BIDDER

Subject to the provisions contained herein, award shall be made to a single bidder. Bids must include unit prices for each item listed in order that bids may be properly evaluated. Failure to do this shall require rejection of the entire bid. Bids shall be evaluated on the basis of the estimated quantities shown and award shall be made to that responsive/responsible bidder whose total aggregate price is low.

§ 12-50.404 Schedule format.

Set forth below is an example of a Schedule format suitable for use in solicitations:

by purchase

§ 12-50.406 Procurement order. Where no contract for mortuary services exists and the use of a purchase order is appropriate, such services shall be obtained by use of DD Form 1155 and DD Form 1155r, in accordance with the following instructions:

(a) The "Changes" clause (paragraph 17 of DD Form 1155r) shall be deleted and the "Changes" clause in DOTPR 12-7.5001-29 shall be substituted therefor.

(b) The "Additional Default Provision" clause in DOTPR 12-7.5001-23 shall be included in the contract except it shall be amended:

(1) By changing paragraph (a) thereof to read: "(a) This clause supplements the "Termination for Default' clause of this contract."

(2) By changing the first sentence of paragraph (b) thereof to read: "This contract may be terminated for default by written notice if during the performance of this contract:".

(c) The following clauses shall also be included in the contract:

(1) The "Specifications" clause in DOTPR 12-7.5001-18.

(2) The "Delivery and Performance" clause in DOTPR 12-7.5001-21.

(3) The "Subcontracting" clause in DOTPR 12-7.5001-22.

(4) The "Inspection"

DOTPR 12-7.5001-24.

(5) The "Professional

clause in

Require

ments" clause in DOTPR 12-7.5001126.

(6) The "Facility Requirements" clause in DOTPR 12-7.5001-27.

(7) The "Preparation History" clause in DOTPR 12-7.5001-28.

PART 12-60-CONTRACT APPEALS

Sec.

12-60.000 Scope of part. 12-60.001 Definitions.

§ 12-60.102 Qualifications of members.

Each member of the Board must be a qualified attorney who is admitted to practice before the highest court of a State or the District of Columbia. Members of the Board are selected and appointed to serve in the same manner as hearing examiners appointed pursuant to section 3105 of Title 5 of the United States Code, with the additional requirement that each member shall have had not fewer than five years' experience in public contract law.

§ 12-60.103 Jurisdiction and authority of the Board and its members.

(a) The Board hears and decides: (1) Appeals from decisions made by contracting officers relating to contracts awarded by the Department of Transportation and its constituent administrations; (2) appeals from decisions of contracting officers relating to contracts awarded by any other executive agency when such agency or the Administrator for Federal Procurement Policy has designated the Board to decide the appeal; and, (3) other matters as directed by the Secretary which are not inconsistent with statutory duties. In each case, the Board shall make a final decision which is impartial, fair, and just to the parties and is supported by the record of the case and the law. The Administrative Judge assigned to hear an appeal has authority to act for the Board in all matters with respect to such appeal. Included in such authority is the authority to sign subpoenas and the power to authorize the Recorder of the Board to issue subpoenas pursuant to Section II of the Contract Disputes Act of 1978 (41 U.S.C. 610).

(b) An Administrative Judge may not act for the Board or participate in a decision if that Judge has participated directly in any aspect of the award or administration of the contract involved.

(c) Except for appeals considered under the expedited small claims or accelerated procedures, appeals are assigned to a panel of three Administrative Judges of the Board. The decision of a majority of the panel shall constitute the decision of the Board.

§ 12-60.104 Ex Parte communications.

Ex parte communications, that is, written or oral communications with the Board by or for one party only without notice to the other, are not permitted. No member of the Board or of the Board's staff shall consider, nor shall any person directly or indirectly involved in an appeal submit to the Board or to the Board's staff, off-therecord, any evidence, explanation, analysis, or advice, whether written or oral, regarding any matter at issue in an appeal. This provision does not apply to consultation between Board members nor to ex parte communications concerning the Board's administrative functions or procedures.

Subpart 12-60.2-Contract

§ 12-60.201 General.

(a) It is the intent of these rules to provide for the just and inexpensive determination of appeals without unnecessary delay. It is the objective of the Board's preliminary procedures to encourage full disclosure of relevant and material facts, and to discourage surprise. Each specified time limitation is a maximum, and should not be fully used if the action described can be accomplished in a shorter period. The Board may extend any time limitation for good cause and in accordance with legal precedent.

(b) Ordinarily, the appellant has the burden of proof.

§ 12-60.202 Rules of procedure.

These rules shall govern the procedures in all contract disputes appealed to the Board.

PRELIMINARY PROCEDURES

Rule 1. How to appeal a contracting officer's decision. (a) Notice of an appeal shall be in writing and mailed or otherwise furnished to the Board within 90 days from the date of receipt of a contracting officer's decision. A copy of the notice shall be furnished to the contracting officer from whose decision the appeal is taken.

(b) Where the contractor has submitted a claim of $50,000 or less to the contracting officer and has requested a written decision within 60 days from receipt of the request, and the contracting officer has not done so, the contractor may file a notice of appeal as