Page images

ment and Budget Circular No. A-90 and

$ 29–50.101 Definition. transmittal memorandum No. 1.

The term "information system” SOURCE: 43 FR 29782, July 11, 1978, unless

refers to a body of organized proceotherwise noted.

dures for identifying, collecting, proc$ 29-50.000 Scope of part.

essing, retrieving, and disseminating

information. It refers both to a conThis part describes policies and pro

tinuing system and to a system estabcedures for carrying out the require

lished for one-time reports. ments of the Office of Management and Budget (OMB) Circular No. A-90,

$ 29-50.200 Policy. of September 7, 1976, regarding the use of State centralized data process

(a) The Department of Labor will ing facilities by State and local agen

direct all applicable State agencies to

cooperate and participate with State cies which receive Federal assistance

and local officials in determining the from the Department of Labor (DOL) (hereinafter referred to as applicable

optimum means for meeting interre

lated Federal, State and local informaState agency). The provisions of this

tion requirements, and to assure that part shall be employed by all DOL agencies with respect to programs in

an applicable State agency's individual

requirements are not imposed in a volving Federal assistance.

manner which unduly impedes State $ 29-50.100 General.

and local governments' ability to meet

other information requirements. In recent years, there has been an

When Federal information requireincreasing trend toward establishing

ments are to be imposed on State or centralized data processing facilities

local governments, the views of the by State governments. These facilities

chief executives of the units of governare necessary to provide for more co

ment affected, or their authorized repordinated and effective intergovern

resentatives, shall be sought, considmental flow of information concerning

ered, and when possible, implemented; separate but related government pro

written comments from these officials grams devoted to the public needs, and

shall be included in the DOL official to eliminate duplication. The Depart

record of the action imposing these rement of Labor, through its various

quirements. The period of actual reAgencies, is committed to implement

ceipt of such comments shall be no ing comprehensive communications

less than 21 calendar days; this period based systems in support of various as

may be extended upon a showing of sistance programs (e.g., State employ

good cause. ment security agencies support by the

(b) The Department of Labor will DOL Employment and Training Ad

approve utilization of available Federministration). The Department of

al resources to States to pay the appliLabor is also committed to cooperating cable State agency's fair share of the with State and local governments in cost of the proposed data-processing their efforts to achieve more coordi facility. The costs for providing such nated and effective intergovernmental services shall be reasonable and in ac(Federal, State and local) flow of in cordance with the principles contained formation and to eliminate unneces- in Federal Management Circular sary duplication. Because of a new em- (FMC) 74-4 and the Department of phasis on automation and increasing Labor's implementing procedures entidemands for greater cooperation be tled “ADP Cost Determination Guide: tween Federal, State and local ele An Application of Cost Principles Conments of governments in the develop tained in FMC 74-4 to ADP facilities." ment and use of State centralized In determining reasonableness, considdata-processing facilities, the follow eration will be given to the several oping policies and guidelines are to be tions under which the services could utilized in handling requests for ap have been provided. The proposed proval of the use of State centralized system or use of a centralized facility facilities to process all or part of the must lead to improvements or benefits applicable State agency's federally fi- for both the applicable State agency nanced workloads.

and other elements of the State gov

ernment. The quality of the service must be assured and acceptable to the applicable State agency and the Department of Labor.

(c) The Department of Labor, through applicable State agencies, will pay for centralized ADP services only on the basis of a federally-approved cost allocation and direct charge plan, and only after the completion and approval of a comparative cost analysis. Such analysis must consider book value and economic life span of applicable State agencies' owned equipment. An annual agreement between the applicable State agency and the centralized facility must establish ceiling costs and be approved by the Department of Labor; costs in excess of the agreement may not be transferred to other Federal grants or contracts. Annual efficiency and economy reviews shall be conducted to determine the method with the best cost effectiveness to meet approved applicable State agencies' objectives. Based on these reviews, the Department of Labor, through its applicable State agencies, reserves the right to termic nate any centralization agreement upon a 90-day written notice.

(d) The Department of Labor will direct applicable State agencies to specifically state in their request for proposals that the State central data processing facility has the opportunity to submit a proposal for a major procurement for providing service through its central data-processing facility.

(e) The Department of Labor encourages computer sharing by permitting other State facilities access to excess computer capacity from the applicable State agency facility on a reimbursable basis, provided that Department of Labor programs are not adversely affected. When the applicable State agency's equipment is used to service two or more cost objectives, the costs for providing such services shall be reasonable and in accordance with the cost principles contained in FMC 74-4 and the Department of Labor's implementing procedures as cited in paragraph (b) of this section.

(f) In all cases where an applicable State is served by a State centralized data-processing facility, the DOL-ap

proved agreement between the applicable State agency and the central facility will provide for the right of Federal review and/or audit of facilities, including periodic cost determination reviews by the DOL personnel.

(g) The Department of Labor will, upon request, provide assistance to applicable State agencies in regard to developing ADP cost algorithms. The Department of Labor will review each applicable State agency for assistance in the context of other similar types of proposals being considered or previously approved, in order to assist the applicant in taking advantage of other experiences, promote appropriate compatability among systems and avoid the financing of unnecessary duplicate efforts.

(h) In instances requiring the “lead agency' role (where development of proposals involves several grant-in-aid programs or possibly several Federal agencies), such a role will be automatically assumed by the Federal agency having potentially the predominant financial interest. The “lead agency”. will be responsible for convening all other agencies involved for the purpose of (1) conducting a joint review of the merits of the proposal, (2) exchanging views on possible agency actions, and (3) framing a coordinated approach to the proposal.

(i) The Department of Labor will participate, through applicable State agencies, in all joint meetings during the course of the developmental projects, and will be represented on all steering committees, policy committees, advisory Committees, data-processing authority, etc., that affect the operation of the central facility.



Sec. 29-60.000 Scope of part.

Subpart 29-60.1-General Policy; Establishment and Functions of the Board of Contract

Appeals 29-60.100 Designation and establishment. 29-60.101 Organization and location of the


Sec. 29-60.102 Jurisdiction for considering ap

peals. 29-60.103 Powers of the Board. 29-60.104 Board of Contract Appeals pro

cedure. 29-60.104-1 Rules. 29-60.104-2 Administration and interpreta

tion of rules. 29-60.104-3 Preliminary procedures. 29-60.104-4 Delegation of authority. 29-60.104-5 Time, computation, and exten

sions. 29-60.104-6 Representation of parties.

Sec. 29-60.218-2 Representation of Govern

ment. 29-60.219 Decisions of the Board. 29-60.220 Motions for reconsideration. 29-60.221 Dismissal without prejudice. 29-60.222 Remands from courts. 29-60.223 Standards of conduct.

Subpart 29-60.3—Transitional provisions 29-60.301 Appeals in progress.

AUTHORITY: 5 U.S.C. 301; Reorganization Plan No. 6 of 1950, 15 FR 3174, 64 Stat. 1263, 5 U.S.C. Appendix.

SOURCE: 37 FR 14303, June 19, 1972, unless otherwise noted.

Subpart 29-60.2- Rules of the Department of

Labor Board of Contract Appeals 29-60.201 Notice of appeal. 29-60.202 Contents of notices of appeal. 29-60.203 Forwarding of appeals. 29-60.204 Acknowledgment of appeal and

distribution. 29-60.205 Appeal file. 29-60.205-1 Preparation and submission. 29-60.205-2 Notification to appellant. 29-60.206 Pleadings. 29-60.206-1 Complaint. 29-60.206-2 Answer. 29-60.206-3 Amendment of pleadings. 29-60.207 Motions 29-60.207-1 Types. 29-60.207-2 For lack of jurisdiction. 29-60.208 Hearing election. 29-60.209 Prehearing briefs. 29-60.210 Prehearing conference. 29-60.211 Submission without a hearing. 29-60.212 Optional accelerated procedure. 29-60.213 Closing of the record. 29-60.213-1 Time of submission for deci

sion. 29-60.213-2 Record bases for decision. 29-60.213-3 Availability of record. 29-60.214 Depositions. 29-60.214-1 When permitted. 29-60.214-2 Orders on depositions. 29-60.214-3 Use as evidence. 29-60.214-4 Expenses. 29-60.215 Interrogatories to parties, pro

duction and inspection of documents. 29-60.215-1 Interrogatories to parties. 29-60.215-2 Production and inspection of

documents. 29-60.216 Service of papers. 29-60.217 Hearings. 29-60.217-1 Where and when held. 29-60.217-2 Notice of hearings. 29-60.217-3 Unexcused absence of a party. 29-60.217-4 Nature of hearings. 29-60.217-5 Examination of witnesses. 29-60.217-6 Copies of papers. 29-60.217-7 Posthearing submissions. 29-60.217-8 Transcript of proceedings. 29-60.217-9 Withdrawal of exhibits. 29-60.218 Representation of parties. 29-60.218-1 Representation of appellant.

$ 29-60.000 Scope of part.

This part establishes a permanent Department of Labor Board of Contract Appeals (referred to hereafter as the Board), delegates authority to the Board to hear and decide, pursuant to prescribed policies and procedures, appeals from formal decisions of contracting officers and other officials of the Department of Labor arising under disputes provisions of contracts awarded by the Department, and sets forth the rules of the Board. This part terminates a prior delegation (36 FR 5691) of such appellate and review functions to the General Services Administration Board of Contract Appeals, except with respect to cases currently pending before such Board.

Subpart 29-60.1-General Policy; Es

tablishment and Functions of the Board of Contract Appeals

$29-60.100 Designation and establish

ment. A permanent Department of Labor Board of Contract Appeals is hereby established. The Board shall be composed of members selected and appointed as provided in § 29-60.101 and is designated as the authorized representative of the Secretary of Labor to hear and decide appeals within its jurisdiction as set forth in § 29-60.102 and to perform the designated functions in connection therewith as provided in this part.

$ 29-60.101 Organization and location of

the Board (a) The Board is located in Washing ton, D.C.

(b) The Board consists of the Chief Administrative Law Judge and all other Administrative Law Judges employed by the U.S. Department of Labor as provided in 5 U.S.C. 5108 and qualified to preside at hearings pursuant to 5 U.S.C. 556. The Chief Administrative Law Judge shall be the Chairman of the Board. The appeals are assigned to a panel of at least three members of the Board by the Chairman who shall designate one panel member as Chairman of the panel. The decision of a majority of the panel constitutes the decision of the Board.

(c) In the event the Chief Administrative Law Judge is temporarily unavailable to serve as Chairman of the Board he shall designate one associate member to serve for the duration of his absence. (41 FR 35186, Aug. 20, 1976)

$ 29-60.103 Powers of the Board. ---(a) The Board shall have all the powers of the Secretary of Labor necessary or appropriate to the exercise of the jurisdiction and the performance of the duties provided in paragraph (a) of § 29-60.102, including but not limited to:

(1) The power to administer oaths and affirmations;

(2) The power to conduct hearings, examine and cross-examine witnesses, and to call witnesses;

(3) The power to rule upon offers of proof and admissibility of evidence;

(4) The power to regulate the course of hearings and the conduct of the parties and their representatives therein;

(5) The power to rule upon all motions;

(6) The power to grant or order oral argument before the Board or its designated panel at any stage of the proceeding;

(7) The power to make decisions in conformity with this part;

(8) The power to hold conferences for the settlement, clarification and simplification of issues; and

(9) The power and authority pursuant to 5 U.S.C. 304, to apply to the appropriate U.S. District Court for the issuance of a subpoena to compel the attendance of a witness at a board hearing or for the purpose of obtain ing the formal testimony of such witness or to compel the production of other evidentiary material necessary i for a proper adjudication of the case.

$ 29-60.104 Board of Contract Appeals


$ 29-60.102 Jurisdiction for considering

appeals. (a) Except as stated in paragraph (b) of this section, the Department of Labor Board of Contract Appeals (referred to herein as “the Board” shall consider and determine appeals from decisions of contracting officers and other officials of the Department of Labor arising under contracts which contain provisions requiring the determination of appeals by the head of the agency or his duly authorized representative. The Board has authority to determine appeals falling within the scope of its jurisdiction as fully and finally as might the Secretary himself.

(1) When an appeal is taken pursuant to a disputes clause in a contract which limits appeals to disputes concerning questions of fact, the Board may in its discretion hear, consider, and decide all questions of law necessary for the complete adjudication of the issue.

(b) The authority of the Board does not apply to any matters arising from disputes relating to equal employment opportunity and labor standards.

§ 29-60.104-1 Rules.

Appeals referred to the Board are handled in accordance with the rules of the Board (see Subpart 29-60.2).

$ 29-60.104-2 Administration and inter-1

pretation of rules. Emphasis is placed upon the sound administration of these rules in specific cases, because it is impracticable to articulate a rule to fit every possible circumstance which may be encountered. These rules will be interpreted so as to secure a just and inexpensive

determination of appeals without un counsel or by any other duly authornecessary delay.

ized representative. $ 29-60.104-3 Preliminary procedures.

Subpart 29-60.2–Rules of the DePreliminary procedures are available

partment of Labor Board of Conto encourage full disclosure of rele

tract Appeals vant and material facts, and to discourage unwarranted surprise.

$ 29-60.201 Notice of appeal. § 29-60.104-4 Delegation of authority.

Notice of an appeal must be in writThe Chairman of the Board may au

ing and may be in the form of a letter thorize and direct any individual

to the Secretary of Labor. The original member of the Board to hold prehear

notice of appeal, together with two ing conferences and/or hearings and

copies, addressed to the Secretary, receive evidence and arguments in its

shall be filed with the contracting offi

cer from whose decision the appeal is stead, and to certify the record of the proceedings to the designated panel.

taken. The notice of appeal must be The Board member acting pursuant to

mailed or otherwise filed within the such authority may exercise any of

time specified therefor in the contract. the powers vested in the Board which

§ 29-60.202 Contents of notices of appeal. are necessary to the proper performance of the functions assigned to him A notice of appeal, which may be in by the Chairman of the Board.

the form of a letter, should indicate

that an appeal is thereby intended, $ 29-60.104-5 Time, computation, and ex. should identify the decision and the tensions.

date thereof, from which the appeal is (a) All time limitations specified for taken, and should furnish the number various procedural actions are comput of the contract in dispute. The appeal ed as maximums, and are not to be should describe the nature of the disfully exhausted if the action described pute involved in the decision and can be accomplished in a lesser period. relief sought, the contract provisions

(b) Except as otherwise provided by involved, and any other additional inlaw, in computing any period of time formation or comments relating to the prescribed by these rules or by any dispute which are considered to be imorder of the Board, the day of the portant. The notice of appeal should event from which the designated be signed personally by the appellant period of time begins to run shall not (the prime contractor making the be included, but the last day of the appeal) or by an officer of the appelperiod shall be included unless it is a lant corporation, or member of the apSaturday, Sunday, or a legal holiday, pellant firm, or by the contractor's in which event the period shall run to duly authorized representative or atthe end of the next business day.

torney. (c) Except for the period prescribed for filing notices of appeal and re

$ 29-60.203 Forwarding of appeals. quests for reconsideration, an exten When a notice of appeal is received sion of time may be granted by the by the contracting officer, he shall Board upon written motion by the re transmit, directly to the Board, the questing party stating good cause for original of the notice of appeal, tosuch an extension.

gether with the original of the enve

lope in which the notice of appeal was $ 29-60.104-6 Representation of parties.

received with the date of receipt Reference to contractor, appellant, stamped thereon, and any receipt contracting officer, Government, and from the appellant showing the date parties shall include respective repre of receipt of the decision of the consentatives of the parties: Provided, tracting officer, or shall furnish inforThe appropriate notices of appearance mation as to the date when his decihave been filed with the Board. An ap sion was received by the appellant. A pellant may appear before the Board copy of the same material shall be siin person or may be represented by multaneously furnished to the Solici

« PreviousContinue »