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of the equal opportunity clause, reasonable efforts will be made to resolve this matter by informal means, by negotiation, conciliation, or compliance conference or informal hearings.

Sec. 10-60.202 Appeal file. 10-60.203 Treasury representation before

General Services Administration Board

of Contract Appeals. 10-60.204 Effective date.

AUTHORITY: 63 Stat. 390, 40 U.S.C. 486(c); 5 U.S.C. 301.

SOURCE: 32 FR 8676, June 16, 1967, unless otherwise noted.

8 10-12.812 Hearings.

Formal and informal hearings will be conducted in accordance with provisions of g 60-1.26 of this title.

$ 10-12.813 Sanctions and penalties.

The sanctions described in $ 60-1.27 of this title include ineligibility for qualification and the termination of the qualification of a financial agent, accompanied by the withdrawal of any public funds maintained therein. § 10–12.814 Affirmative action compliance

programs. Each financial agent having 50 or more employees is required to develop and maintain a written affirmative action compliance program, as provided in § 60-1.40 of this title, for each of its establishments which has administrative authority over the hiring, promotion, and separation of its personnel. Each affirmative action program will outline specific responsibilities of branch banks in implementation of the central plan.

8 10-60.100 Treasury contract appeals to

be heard by General Services Adminis

tration Board of Contract Appeals. The General Services Administration Board of Contract Appeals (herein called the Board), with the prior approval of the Administrator of General Services, hereby is designated the authorized representative of the Secretary of the Treasury in hearing, considering, and determining as fully and finally as might the Secretary, all appeals by contractors from final decisions by contracting officers on disputed questions taken pursuant to the provisions of contracts (other than contracts of the Office of the Comptroller of the Currency) requiring the determination of such appeals by the Secretary or his duly authorized representative.

8 10-12.815 Solicitations and advertise

ments. Each financial agent shall include in all solicitations or advertisements for employees a statement that all quali. fied applicants will receive consideration for employment without regard to race, color, religion, sex, or national origin. The alternative types of action which will satisfy this requirement are set forth in $ 60-1.41 of this title.

8 10-60.200 Rules regarding contract dis

pute appeals. The rules and regulations pertaining to the appeal of General Services Administration contract disputes prescribed in or pursuant to Part 5-60 of this title and this part shall govern the appeal of all contract disputes with the Department of the Treasury, or with any bureau, office (other than the Office of the Comptroller of the Currency), division or other agency or subdivision of the Department of the Treasury, except for the rules entitled “Notice of appeal” (Rule 1, § 5-60.201 of this title), “Request, preparation and submission” (pertaining to the appeal file) (Rule 4A(1), § 5-60.204-1 of this title), and "Payment of claims" (Rule 22, 85-60.224 of this title). Wherever the rules of the GSA Board in Subpart 5-60.2 of this title refer to the General Services Administration (or GSA) or the Administrator or the General Counsel, GSA, there shall be substituted the terms Treasury De

PART 10-60—PROCEDURES FOR SET

TLING CONTRACT DISPUTE APPEALS

Sec. 10-60.100 Treasury contract appeals to be

heard by General Services Administra

tion Board of Contract Appeals. 10-60.200 Rules regarding contract dispute

appeals. 10-60.201 Notice of appeal. 10-60.201-1 Filing. 10-60.201-2 Forwarding of appeals.

partment, the Secretary or the Gener- 10-60.202 Appeal file. al Counsel, Treasury Department, re- Following receipt of a notice of spectively.

appeal, the contracting officer shall

promptly, and in any event within 30 $ 10-60.201 Notice of appeal.

days, compile and transmit to the

General Counsel, Treasury Depart8 10-60.201-1 Filing.

ment, two (2) copies of the appeal file A notice of appeal must be in writ as prescribed in Rule 4A(2), § 5-60.204ing, and shall be filed with the office 2 of this title. The General Counsel of the contracting officer from whose will submit the appeal file to the decision the appeal is taken. The Board as promptly as possible after renotice of appeal must be mailed or ceipt by him of the Board's request otherwise filed with the contracting

therefor, and in any event so as to officer within the time specified there

reach the Board within 45 days after for in the contract, or as allowed in ap

such receipt. plicable provisions of directives or law.

8 10-60.203 Treasury representation

before General Services Administration § 10–60.201-2 Forwarding of appeals.

Board of Contract Appeals. When a notice of appeal in any form

The General Counsel of the Treashas been received by the contracting

ury Department will assure represenofficer, he shall endorse thereon the tation of the interests of the Governdate of mailing and the date of receipt ment in proceedings before the Gener(or the date of receipt only, if other al Services Administration Board of wise conveyed) and within 20 days Contract Appeals. All officers and emshall forward said notice of appeal, to ployees of the Treasury Department gether with the envelope in which will appear and give testimony as resame was enclosed, to the Board, with quired and will cooperate with the a copy to the General Counsel, Treas General Services Administration ury Department, Washington, D.C.

Board of Contract Appeals and Gov20220. Following receipt by the Board

ernment counsel in the processing of of the original notice of appeal

appeals so as to assure their speedy (whether through the contracting offi

and just determination. cer or otherwise), the contractor, the 810-60,204 Effective date. contracting officer, and General Coun

The regulations in this part shall sel, Treasury Department, will be advised promptly thereof, and the con

become effective on the date of publi

cation in the FEDERAL REGISTER. The tractor will be furnished a copy of the

regulations in this part shall apply to Board's rules.

all cases now pending or in which appeal from the contracting officer's decision is taken on or after the effective date.

90-140

0-82--2

CHAPTER 12– DEPARTMENT OF

TRANSPORTATION

Page

50

156

........

165

Part
12-1 General.....
12-2 Procurement by formal advertising ...........
12-3 Procurement by negotiation......
12-4 Special types and methods of procurement
12-5 Special and directed sources of supply ..........
12-6 Foreign purchases ...................
12-7 Contract clauses............
12-9 Patents, data, copyrights, and recovery of devel-

opmental costs ..........
12-10 Bonds and insurance ..........
12-16 Procurement forms ...
12-17 Extraordinary contractual actions to facilitate the

national defense ... 12-18 Procurement of construction 12-26 Contract management. 12-30 Contract financing 12-50 Service contracts....... 12-60 Contract appeals................. 12-70 Government property ............ 12-99 Departmental orders.......... Supplement 1–Manual for control of property in posses

sion of contractors...........

........

168

170

.

.

.

.

O

170

171 172 173 176 185 197

197

PART 12-1-GENERAL

Sec.
12-1.320 Subcontractor gifts and kick-

backs.
Subpart 12-1.0–Regulation System

12-1.351 Contract number prefixes.

12-1.352 Industrial security. Sec.

12-1.353 Variation in quantity. 12-1.001 Scope of subpart.

12-1.354 Standards of conduct. 12-1.002 Purpose.

12-1.355 Breakout of component items. 12-1.003 Authority.

12-1.356 General procurement policy-De12-1.004 Applicability.

partmental orders. 12-1.005 Exclusions. 12-1.006-1 Code arrangement.

Subpart 12-1.4—Procurement Responsibility 12-1.006-2 Publication. 12-1.006-3 Copies.

and Authority 12-1.006-4 Coordination.

12-1.402-50 Contracting officer's repre12-1.007 Arrangement.

sentatives. 12-1.007-1 General plan.

12-1.450 Responsibility of procurement 12-1.007-2 Numbering.

personnel to question requirements and 12-1.007-3 Citation.

reaffirm their validity. 12-1.008 Implementation. 12-1.009 Deviations.

Subpart 12-1.5—Contingent Fees 12-1.009-2 Procedure. 12-1.010 Interagency Procurement Policy 12-1.508-3 Misrepresentation or violations Committee.

of the covenant against contingent fees.

[blocks in formation]

12-1.302-3 Contracts between the Govern

ment and Government employees or business concerns substantially owned

or controlled by Government employees. 12-1.305-3 Deviations from Federal specific

cations. 12-1.305-50 Index to Federal and Depart

ment of Defense Specifications and

Standards. 12-1.306-1 Mandatory use and application

of Federal Standards. 12-1.307-5 Limitations on use of "brand

name or equal" purchase descriptions. 12-1.311 Priorities, allocations and allot

ments. 12-1.313 Records of contract actions. 12-1.315 Use of liquidated damages provi.

sions in procurement contracts. 12-1.315-2 Policy. 12-1.318 Disputes clause. 12-1.318-50 Contracting officer's decision

under the disputes clause. 12-1.318-51 Agreement after appeal is

filed. 12-1.318-52 Payment after appeal is filed. 12-1.318-53 Implementation of decisions of

the Contract Appeals Board.

12-1.701-1 Small business concern (for

Government procurement). 12-1.704 Agency program direction and op

eration. 12-1.704-50 Small business assistance offi

cer. 12-1.704-51 Small business specialists. 12-1.708 Certificate of competency pro

gram. 12-1.708-2 Applicability and procedure. 12-1.750 Procurement set-asides for small

business when an SBA representative is

not available. 12-1.750-1 General. 12-1.750-2 Review of set-aside recommen

dations initiated by small business spe

cialists. 12-1.750-3 Withdrawal or modification of

set-asides. 12-1.750-4 Contracting authority. 12-1.751 Small business set-aside for pro

posed construction procurements.

Subpart 12-1.8—Labor Surplus Area Concerns 12-1.807 Report on preference procure

ment in labor surplus areas.

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