ment and Budget Circular No. A-90 and transmittal memorandum No. 1.

SOURCE: 43 FR 29782, July 11, 1978, unless otherwise noted.

§ 29-50.000 Scope of part.

This part describes policies and procedures for carrying out the requirements of the Office of Management and Budget (OMB) Circular No. A-90, of September 7, 1976, regarding the use of State centralized data processing facilities by State and local agencies which receive Federal assistance from the Department of Labor (DOL) (hereinafter referred to as applicable State agency). The provisions of this part shall be employed by all DOL agencies with respect to programs involving Federal assistance.

§ 29-50.100 General.

In recent years, there has been an increasing trend toward establishing centralized data processing facilities by State governments. These facilities are necessary to provide for more coordinated and effective intergovernmental flow of information concerning separate but related government programs devoted to the public needs, and to eliminate duplication. The Department of Labor, through its various Agencies, is committed to implementing comprehensive communicationsbased systems in support of various assistance programs (e.g., State employment security agencies support by the DOL Employment and Training Administration). The Department of Labor is also committed to cooperating with State and local governments in their efforts to achieve more coordinated and effective intergovernmental (Federal, State and local) flow of information and to eliminate unnecessary duplication. Because of a new emphasis on automation and increasing demands for greater cooperation between Federal, State and local elements of governments in the development and use of State centralized data-processing facilities, the following policies and guidelines are to be utilized in handling requests for approval of the use of State centralized facilities to process all or part of the applicable State agency's federally financed workloads.

§ 29-50.101 Definition.

The term "information system" refers to a body of organized procedures for identifying, collecting, processing, retrieving, and disseminating information. It refers both to a continuing system and to a system established for one-time reports.

§ 29-50.200 Policy.

(a) The Department of Labor will direct all applicable State agencies to cooperate and participate with State and local officials in determining the optimum means for meeting interrelated Federal, State and local information requirements, and to assure that an applicable State agency's individual requirements are not imposed in a manner which unduly impedes State and local governments' ability to meet other information requirements. When Federal information requirements are to be imposed on State or local governments, the views of the chief executives of the units of government affected, or their authorized representatives, shall be sought, considered, and when possible, implemented; written comments from these officials shall be included in the DOL official record of the action imposing these requirements. The period of actual receipt of such comments shall be no less than 21 calendar days; this period may be extended upon a showing of good cause.

(b) The Department of Labor will approve utilization of available Federal resources to States to pay the applicable State agency's fair share of the cost of the proposed data-processing facility. The costs for providing such services shall be reasonable and in accordance with the principles contained in Federal Management Circular (FMC) 74-4 and the Department of Labor's implementing procedures entitled "ADP Cost Determination Guide: An Application of Cost Principles Contained in FMC 74-4 to ADP facilities." In determining reasonableness, consideration will be given to the several options under which the services could have been provided. The proposed system or use of a centralized facility must lead to improvements or benefits for both the applicable State agency 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 terminate 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 dataprocessing 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.

§ 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.

§ 29-60.101 Organization and location of the Board.

(a) The Board is located in Washington, 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]

§ 29-60.102 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.

§ 29-60.103 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 obtaining the formal testimony of such witness or to compel the production of other evidentiary material necessary for a proper adjudication of the case.

§ 29-60.104 Board of Contract Appeals procedure.

determination of appeals without unnecessary delay.

§ 29-60.104-3 Preliminary procedures.

Preliminary procedures are available to encourage full disclosure of relevant and material facts, and to discourage unwarranted surprise.

§ 29-60.104-4 Delegation of authority.

The Chairman of the Board may authorize and direct any individual member of the Board to hold prehearing conferences and/or hearings and receive evidence and arguments in its stead, and to certify the record of the proceedings to the designated panel. The Board member acting pursuant to such authority may exercise any of the powers vested in the Board which are necessary to the proper performance of the functions assigned to him by the Chairman of the Board.

§ 29-60.104-5 Time, computation, and extensions.

(a) All time limitations specified for various procedural actions are computed as maximums, and are not to be fully exhausted if the action described can be accomplished in a lesser period.

(b) Except as otherwise provided by law, in computing any period of time prescribed by these rules or by any order of the Board, the day of the event from which the designated period of time begins to run shall not be included, but the last day of the period shall be included unless it is a Saturday, Sunday, or a legal holiday, in which event the period shall run to the end of the next business day.

(c) Except for the period prescribed for filing notices of appeal and requests for reconsideration, an extension of time may be granted by the Board upon written motion by the requesting party stating good cause for such an extension.

§ 29-60.104-6 Representation of parties.

Reference to contractor, appellant, contracting officer, Government, and parties shall include respective representatives of the parties: Provided, The appropriate notices of appearance have been filed with the Board. An appellant may appear before the Board in person or may be represented by

counsel or by any other duly authorized representative.

Subpart 29-60.2-Rules of the Department of Labor Board of Contract Appeals

§ 29-60.201 Notice of appeal.

Notice of an appeal must be in writing and may be in the form of a letter to the Secretary of Labor. The original notice of appeal, together with two copies, addressed to the Secretary, shall be filed with the contracting officer from whose decision the appeal is taken. The notice of appeal must be mailed or otherwise filed within the time specified therefor in the contract. § 29-60.202 Contents of notices of appeal.

A notice of appeal, which may be in the form of a letter, should indicate that an appeal is thereby intended, should identify the decision and the date thereof, from which the appeal is taken, and should furnish the number of the contract in dispute. The appeal should describe the nature of the dispute involved in the decision and the relief sought, the contract provisions involved, and any other additional information or comments relating to the dispute which are considered to be important. The notice of appeal should be signed personally by the appellant (the prime contractor making the appeal) or by an officer of the appellant corporation, or member of the appellant firm, or by the contractor's duly authorized representative or attorney.

§ 29-60.203 Forwarding of appeals.

When a notice of appeal is received by the contracting officer, he shall transmit, directly to the Board, the original of the notice of appeal, together with the original of the envelope in which the notice of appeal was received with the date of receipt stamped thereon, and any receipt from the appellant showing the date of receipt of the decision of the contracting officer, or shall furnish information as to the date when his decision was received by the appellant. A copy of the same material shall be simultaneously furnished to the Solici