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PART 12-50—SERVICE CONTRACTS Subpart 12-50.1-Technical Support

Services Sec. 12-50.000 Scope of part.

8 12-50.100 Scope of subpart.

Guidance and instructions for the Subpart 12-50.1-Technical Support Services

procurement of non-personal technical 12-50.100 Scope of subpart.

support services are set forth in DOT

Order 4200.13 included in DOTPR 12– Subpart 12-50.2—[Reserved]

99.

Subpart 12-50.3—Procurement of Expert or

Consultant Services

Subpart 12-50.2—[Reserved)

12-50.300 Scope of subpart.

Subpart 12-50.3—Procurement of 12-50.301 Negotiation authority.

Expert or Consultant Services 12-50.302 Contracts with individual experts or consultants.

SOURCE: 46 FR 30816, June 11, 1981, unless 12-50.302-1 Method and amount of pay

otherwise noted. ment. 12-50.302-2 Benefits.

12-50.300 Scope of subpart. 12-50.302-3 Taxes. 12-50.302-4 Conflict of interest.

This subpart sets forth policy and 12-50.302-5 Administrative treatment. procedures for the procurement by 12-50.303 Contracts with firms for expert contract, pursuant to 5 U.S.C. 3109, of or consultant services.

expert or consultant services from in12-50.304 Contracts for stenographic re dividuals and from firms. This subpart porting services.

does not govern employment of indi12-50.305 Modification of contracts.

vidual experts or consultants by ex.

cepted appointment; the requirement Subpart 12-50.4—Procurement of Mortuary

for such employment are set forth in Services

personnel regulations of the Office of 12-50.400 Scope of subpart.

Personnel Management and of the De12-50.401 Procurement by contract.

partment. This subpart implements 12-50.402 Area of performance.

DOT Order 4200.15, “Criteria and 12-50.403 Solicitation provision.

Guidelines for the Use of Consulting 12-50.404 Schedule format.

Services”. 12-50.405 Contract clauses. 12-50.406 Procurement by purchase order.

12-50.301 Negotiation authority. AUTHORITY: Sec. 205(c), 63 Stat. 389; 40

Contracts with individuals or firms U.S.C. 486(c), 10 U.S.C. 2301-2314.

for expert and consultant services are

usually negotiated, normally under SOURCE: 42 FR 45257, Sept. 8, 1977, unless

the authority of 41 U.S.C. 252(c)(4), or otherwise noted.

10 U.S.C. 2304(a)(4), as applicable. 8 12-50.000 Scope of part.

12-50.302 Contracts with individual exThis part deals generally with the perts or consultants. obtaining of services by contract, and specifically with certain types of con.

12-50.302-1 Method and amount of paytracts which can properly be classified

ment. as service contracts. It does not cover The contract may provide for comthe services of individuals obtained by pensation at rate for time actually direct appointment or through normal worked (e.g., amount per day, per Civil Service employment procedures,

week, per month, etc.), or it may pronor does it cover the obtaining of serv

vide for performance of a specific task ices by grant.

at a fixed price, or it may provide for-
nominal compensation. The amount of
rate of payment will be determined on
a case-by-case basis, taking into ac-
count (among other relevant factors)

the relative importance of the duties ficer shall effect necessary coordinato be performed, the stature of the in- tion with the cognizant personnel dividual in his or her specialized field, office before award of a contract for comparable pay for positions under expert or consultant services, and may the Classification Act or other Federal also designate the appropriate personpay systems, or rates previously paid nel officer as his representative for other experts or consultants for simi- the purpose of obtaining necessary lar work. Compensation at a per diem data from the contractor for tax withrate will be no more than that permit

holding purposes, for suitability invested by statutory authority. In addi- tigation under Executive Order 10450, tion, the contract may provide for and for administering applicable consuch expenses as would be authorized flict of interest provisions. for a Government employee, including actual transportation and per diem in 12-50.303 Contracts with firms for expert lieu of subsistence while the expert or or consultant services. consultant is traveling between home

Contracts with firms for expert or or place of business and official duty

consultant services ordinarily need station. However, no more than one rount trip to the official duty station

deal only with rights and obligations

as between the Government and the shall be provided unless the services

firm, and need not deal with the quesare rendered on an intermittent basis.

tion of compensation by the firm of 12-50.302–2 Benefits.

the individuals it assigns to the work No benefits shall be accorded the

or with any other rights or obligations contractor which are not specifically

as between the firm and these individ

uals. provided for in the written contract. 12-50.302-3 Taxes.

12-50.304 Contracts for stenographic re

porting services. Where the individual is to render services, the compensation generally is Stenographic reporting services norsubject to FICA (Social Security), mally are provided by Federal GovernFUTA (Unemployment Compensa- ment employees appointed under the tion), and Federal income withholding usual civil service procedures. Howevtaxes. It may also be necessary to er, these services may be procured by report or withhold State income tax contract from individuals or firms purunder 5 U.S.C. 5517. The contracting suant to 5 U.S.C. 3109, or other statuofficer shall take appropriate steps in tory authority where there are varicoordination with the cognizant per able requirements or insufficient sonnel office to have deductions and qualified personnel, and necessity or reports made where required by law. economy to the Government demands

procurement by contract. Such con12-50.302-4 Conflict of interest.

tracts normally shall be written on an The contracting officer shall assure end-product basis and payment made that individual experts or consultants

according to delivered items (e.g., who are torender services under con- number of copies of transcript, words tract have complied with appropriate per page, etc.), and the contractor orconflict of interest regulations.

dinarily shall be required to furnish

the necessary material (typewriter, 12-50.302–5 Administrative treatment. paper, bindings, etc.). These contracts

Individual experts or consultants are subject ot all provisions of this who are to render personal services subpart. under contract are charged against personnel ceilings in the same way as

12-50.305 Modification of contracts. experts and consultants employed by When supplemental agreements or excepted appointments. Also, the cog change orders are required which subnizant personnel office must maintain stantially change the basis upon certain records on individual experts which the justification was made, such and consultants who render personal as to revise substantially the scope of services. Therefore, the contracting 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

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.

$ 12-50.400 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.

8 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.

§ 12-50.403 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.

8 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

8 12-50.404 Schedule format.

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

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1..........

For a Type I casket, standard size, supplies and services in

accordance with specifications. ........... For a Type Il casket, standard size, supplies and services in .

accordance with specifications. For a shipping case, standard size, in accordance with

(Loaded

............... specifications. (For use with Item 1 or 2 above.). ... For a Type I casket, exceeding standard size, supplies and

services in accordance with specifications. For a Type Il casket, exceeding standard size, supplies and

....... ... services in accordance with specifications. For shipping case, exceeding standard size, in accordance

with specifications. (To be used with Item 4 or 5 above.). For transportation of remains, in accordance with specifica

tions and as provided for in paragraphs (b) and (c) of the "Area of Performance" clause of this contract.

mile).

Subpart 12-60.1-Contract Appeals Board Sec. 12-60.101 Establishment. 12-60.102 Qualifications of members. 12-60.103 Jurisdiction and authority of the

Board and its members. 12-60.104 Ex Parte communications.

Subpart 12-60.2—Contract Appeals Procedures

12-60.201 General.
12-60.202 Rules of procedure.
12-60.203 Effective date.

AUTHORITY: 80 Stat. 931, 92 Stat. 2383, 41 U.S.C. 601.

SOURCE: 44 FR 43721, July 26, 1979, unless otherwise noted.

8 12-50.405 Contract clauses.

ne mouses set forth in The following clauses setforth in DOTPR 12-7.50 shall, if appropriate, be included in contracts for mortuary services. 12-50.406 Procurement by purchase

order. Where no contract for mortuary services exists and the use of a purchase order is appropriate, such seryices 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) there of 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" clause in DOTPR 12-7.5001-24.

(5) The “Professional Require. ments” clause in DOTPR 12–7.5001

§ 12-60.000 Scope of part.

This part establishes the Department of Transportation Contract Appeals Board, pursuant to Pub. L. 95563, prescribes its functions and procedures, and provides for the appointment of a Chair, a Vice-Chair, and Members of the Board and sets forth their duties.

812–60.001 Definitions.

For the purposes of this part

(a) “Appellant” means the contractor who appeals;

(b) “Board” means the Department of Transportation Contract Appeals Board;

(c) “Administrative Judge” means a member of the Board selected and appointed to serve pursuant to the Contract Disputes Act of 1978.

(d) “The contracting officer" means the Government's contracting officer whose decision is appealed, or the successor contracting officer;

(e) “The parties” means the appellant and the contracting officer; and

(f) “The Secretary” means the Secretary of Transportation.

126.

Subpart 12-60.1 Contract Appeals

Board

(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

8 12-60.101 Establishment.

A Department of Transportation Contract Appeals Board is hereby established The Secretary appoints the members of the Board and designates the Chair and Vice-Chair of the Board.

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

8 12-60.102 Qualifications of members. 812-60.104 Ex Parte communications.

Each member of the Board must be Ex parte communications, that is, a qualified attorney who is admitted written or oral communications with to practice before the highest court of the Board by or for one party only a State or the District of Columbia without notice to the other, are not Members of the Board are selected permitted. No member of the Board or and appointed to serve in the same of the Board's staff shall consider, nor manner as hearing examiners appoint- shall any person directly or indirectly ed pursuant to section 3105 of Title 5 involved in an appeal submit to the of the United States Code, with the Board or to the Board's staff, off-theadditional requirement that each record, any evidence, explanation, member shall have had not fewer than analysis, or advice, whether written or five years' experience in public con oral, regarding any matter at issue in tract law.

an appeal. This provision does not

apply to consultation between Board 8 12-60.103 Jurisdiction and authority of members nor to ex parte communicathe Board and its members.

tions concerning the Board's adminis(a) The Board hears and decides: (1)

trative functions or procedures. Appeals from decisions made by contracting officers relating to contracts

Subpart 12-60.2—Contract awarded by the Department of Transportation and its constituent adminis. 812-60.201 General. trations; (2) appeals from decisions of

(a) It is the intent of these rules to contracting officers relating to con

provide for the just and inexpensive tracts awarded by any other executive

determination of appeals without unagency when such agency or the Ad

necessary delay. It is the objective of ministrator for Federal Procurement

the Board's preliminary procedures to Policy has designated the Board to

encourage full disclosure of relevant decide the appeal; and, (3) other mat

and material facts, and to discourage ters as directed by the Secretary

surprise. Each specified time limitawhich are not inconsistent with statu

tion is a maximum, and should not be tory duties. In each case, the Board

fully used if the action described can shall make a final decision which is

be accomplished in a shorter period. impartial, fair, and just to the parties

The Board may extend any time limiand is supported by the record of the

of the tation for good cause and in accordcase and the law. The Administrative

ance with legal precedent. Judge assigned to hear an appeal has

(b) Ordinarily, the appellant has the authority to act for the Board in all

burden of proof. matters with respect to such appeal. Included in such authority is the au 8 12-60.202 Rules of procedure. thority to sign subpoenas and the power to authorize the Recorder of

These rules shall govern the procethe Board to issue subpoenas pursuant

dures in all contract disputes appealed to Section II of the Contract Disputes

to the Board. Act of 1978 (41 U.S.C. 610).

PRELIMINARY PROCEDURES (b) An Administrative Judge may not act for the Board or participate in

Rule 1. How to appeal a contracting offi

cer's decision. (a) Notice of an appeal shall a decision if that Judge has participat

be in writing and mailed or otherwise fured directly in any aspect of the award nished to the Board within 90 days from the or administration of the contract in date of receipt of a contracting officer's devolved.

cision. A copy of the notice shall be fur(c) Except for appeals considered nished to the contracting officer from under the expedited small claims or

whose decision the appeal is taken. accelerated procedures, appeals are as

(b) Where the contractor has submitted a

claim of $50,000 or less to the contracting signed to a panel of three Administra

officer and has requested a written decision tive Judges of the Board. The decision within 60 days from receipt of the request, of a majority of the panel shall consti and the contracting officer has not done so, tute the decision of the Board.

the contractor may file a notice of appeal as

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