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menting, and deviating from Chapter 1 of this Title 41 CFR, the Federal Procurement Regulations.

(b) Where the CSAPR implements (or deviates from) a part, subpart, section, or subsection of the FPR, the implementing part, subpart, section, or subsection of CSAPR will be numbered (and captioned) to correspond to the part, subpart, section, or subsection of Chapter 1 of this title, CFR, the FPR.

(c) Where the subject matter contained in a part, subpart, section, or subsection of FPR requires no implementation, the CSAPR will contain no corresponding part, subpart, section, or subsection number and the subject matter as published in the FPR gov

erns.

(d) CSAPR's which supplement the FPR will be assigned an appropriate number and title different from any assigned to an FPR.

§ 22-1.007-3 Citation.

The Community Services Administration Procurement Regulations will be cited in accordance with FEDERAL REGISTER Standards approved for the FPR. Thus this section, when referred to in sections of the Community Services Administration Procurement Regulations, should be cited as "§ 221.007-3 of this chapter." When this section is referred to formally in official documents, such as legal briefs, it should be cited as "41 CFR 22-1.0073." Any section of Community Services Administration Procurement Regulations may be informally identified, for purposes of brevity, as CSAPR followed by the section number, i.e., "CSAPR 22-1.007-3."

§ 22-1.008 Agency implementation.

§ 22-1.008-1 Suffixes.

CSAPR's which may be issued to provide for special requirements of individual programs will be identified by alphabetical suffixes to the appropriate digit 22 part, subpart, section, and subsection. Such suffixes will be assigned when regulations of this type are issued.

§ 22-1.009 Deviations.

FPR

and

Deviations from the CSAPR shall be kept to a minimum and controlled as follows:

(a) Deviations in both individual cases and classes of cases must be approved in advance by the Director of Contracts. Requests for approval of such deviations may be initiated by Contracting Officers. They shall be submitted to the Director of Contracts. Requests shall cite the specific parts of the FPR and CSAPR from which it is desired to deviate, shall set forth the nature of the deviations, and shall give the reasons for the action requested.

(b) If a requested deviation is considered appropriate, approval will be accomplished as follows:

(1) Where the deviation applies to an individual case, approval will be granted by memorandum addressed to the requesting officer with copies to interested offices. The contract file of the requesting office shall include a copy of the request and approval.

(2) Where the deviation applies to a class of cases, necessary coordination with the General Services Administration will be accomplished by the Director of Contracts. Such class deviations will be issued as a part of CSAPR.

(3) Where circumstances preclude the obtaining of prior concurrence of the GSA, to a class of cases, the Director of Contracts may authorize a deviation. In such an instance, the Director of Contracts shall inform the GSA of the deviation and circumstances under which it was required.

(c) The requesting office will be notified by memorandum, with copies to other interested offices, whenever a requested deviation is disapproved.

(d) In emergency situations involving individual cases, deviation approvals may be processed by telephone and later confirmed in writing.

(e) Requests for deviations may be made at any time. New FPR issuances should be reviewed upon receipts, so that requests for deviations can be acted upon prior to the effective date, whenever practicable.

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(a) "Assistant Director" means the Assistant Director for Management of the Community Services Administration.

(b) "Board" means the Board of Contract Appeals established pursuant to the regulations in this part and included individual members of the Board exercising the powers of the full Board in connection with prehearing conferences and hearings at which they have been designated to preside pursuant to § 22-60.210 or § 22-60.211.

(c) "Contracting Officer" means the contracting officer or administrative or successor contracting officer designated under a Community Services Administration contract from whose decision an appeal has been taken under the "Disputes" clause of the contract.

(d) "General Counsel" means the General Counsel of the Community Services Administration or any attorney in the General Counsel's Office who has been designated to represent the Government as respondent in connection with an appeal under the regulations in this part.

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§ 22-60.103 Establishment and membership of the Board.

(a) Members of the Board shall be designated by the Assistant Director and shall consist of a chairman and two associate members. At least one of the members shall be either an attorney or a qualified hearing examiner. No person shall be designated as a member of the Board if he has participated in or has any interest, direct or indirect, in the awarding or administering of the contract in dispute, if he is engaged at the time in the administration of a related or similar contract, or if he is a member of the General Counsel's Office of the Community Services Administration. When deems appropriate, the Assistant Director may designate a person from the academic community or from industry to serve as a member of the Board.

he

(b) In all cases under the regulations in this part requiring action by the full Board, majority vote shall govern. A quorum of the full Board for purposes of doing business shall consist of two members.

§ 22-60.104 Functions of the Board.

(a) The Board shall perform all acts and make all orders and rulings necessary and appropriate in connection with the procedures specified in Subpart 22-60.2 of this part and shall perform such other duties as may be delegated to it by the Assistant Director.

(b) The Board may in its discretion hear, consider, and make findings and recommendations on all questions which it deems appropriate for the complete adjudication of the issues involved in the appeal, including questions of law.

Subpart 22-60.2—Appeal Procedures

§ 22-60.201 Scope of subpart.

This subpart sets forth the procedures governing the filing and disposition of an appeal.

§ 22-60.202 Notice to contractor of appeals procedures.

Whenever a contractor protests a decision of the Contracting Officer made pursuant to a contract "Dispute"

clause or otherwise advises the Contracting Officer of an intention to contest or appeal such a decision, the Contracting Officer shall promptly make available to the contractor (hereafter called the "appellant") a copy of the contract appeals regulations in this part.

§ 22-60.203 Filing of notice of appeal.

Notice of an appeal must be in writing and signed personally by the appellant, by an officer of the appellant corporation, or member of the appellant firm, or by the appellant's duly authorized representative or attorney. The notice shall be addressed to the Contracting Officer or the Assistant Director and shall be mailed or otherwise filed with the Contracting Officer whose decision is being disputed. The notice of appeal must be mailed or otherwise filed within the time specified in the contract.

§ 22-60.204 Form and content of notice of appeal.

The notice of appeal should indicate that an appeal is thereby intended and should include the following information:

(a) Identification of the contract involved;

(b) The specific decision of the Contracting Officer from which the appeal is taken, including the date and form of such decision;

(c) The specific portion or portions of the findings of fact or decision from which the appeal is being taken, and the reasons why such findings or decisions are deemed erroneous;

(d) The relief sought by the appellant; and

(e) Whether the appellant wishes a hearing or is willing to have the appeal decided on the basis of written submissions.

§ 22-60.205 Duties of the Contracting Offi

cer.

Upon receipt of the notice of appeal, the Contracting Officer shall promptly acknowledge receipt thereof in writing to the appellant, enclosing a copy of the contract appeal regulations in this part, and shall transmit a copy of such acknowledgment to the Assistant Director together with the appeal file

consisting of the documents specified in § 22-60.206 and a separate listing by title and date of such documents. A copy of the acknowledgment shall be transmitted simultaneously to the General Counsel. The Contracting Officer may retain a duplicate copy of the appeal file. In any case where the notice of appeal does not specify whether a hearing is desired, the letter of acknowledgment shall specifically call the appellant's attention to the provisions of §§ 22-60.207 and 2260.208.

§ 22-60.206

Designation of Board, delegation of final decision power; appeal file.

(a) After the Assistant Director has received notification of the appeal, he shall designate the Board in accordance with the provisions of § 22-60.103 and shall transmit the appeal file to the Board Chairman. Simultaneously the Assistant Director may also delegate to the Board the power of final decision in the matter being appealed. The Board Chairman shall send a copy of the notice of designation, including any delegation of final decision power and the list of documents in the appeal file, to the appellant and to the General Counsel.

(b) The file shall consist of the original, whenever possible, or copies of all documents pertinent to the appeal, including the following:

(1) Notice of appeal.

(2) The findings of fact or decision of the Contracting Officer from which the appeal is taken.

(3) The invitation for bids or proposals, the contract, pertinent plans and amendments, and specifications change orders.

(4) All correspondence between the parties relating to or pertinent to the dispute.

(5) Transcripts of any testimony taken in connection with the dispute prior to the filing of the appeal, and affidavits or statments of any witnesses which were considered by the Contracting Officer in reaching decision being appealed.

(6) Any additional data that the Contracting Officer may consider pertinent.

(c) Upon receipt of the appeal file, the Board Chairman shall provide both the appellant and the General Counsel with a listing of the appeal file contents and shall notify them where the file may be examined. Each party may furnish or suggest additional documentation deemed pertinent to the appeal. The appeal file shall be available for examination by the parties or their counsel or representatives at the office of the Board Chairman, or at the office of the Contracting Officer.

§ 22-60.207 Optional procedure for appeals.

In order to eliminate the costs of a hearing to the contractor and to the Government on appeals involving relatively small amounts, and to expedite the decisions on such appeals, appeals may be considered without a hearing in accordance with the provisions of § 22-60.208, unless a hearing has been requested by either party within 20 days after receipt of the Contracting Officer's letter of acknowledgment of the notice of appeal or unless the Board orders a hearing.

§ 22-60.208 Submission without a hearing. Where neither party desires a hearing, and the Board does not order one, the Board's findings and recommendations will be based upon the appeal file and such written submissions (including briefs) as the parties may submit on their own initiative or at the request of the Board. In all such cases the Board shall determine the time schedule for written submissions.

§ 22-60.209 Settlement;

appeal.

withdrawal of

A dispute may be settled at any time before decision by written stipulation between the appellant and the Contracting Officer, or their counsel or representatives, subject to the approval of the Assistant Director (or the Board in cases where final decision has been delegated to the "Board"). If only part of the dispute is settled, the appeal shall continue as to any issues remaining in dispute. At any time prior to decision the appellant may withdraw the appeal with prejudice, by written notice to the Board.

§ 22-60.210 Pre-hearing conference.

(a) The Board, upon the request of either party, or in its own discretion, may call the parties to a prehearing conference to consider the following:

(1) Simplification or clarification of the issues.

(2) Possibility of obtaining stipulations, admissions of fact, and agreement respecting the introduction of documents.

(3) Limitation of the number of expert witnesses.

(4) Possibility of agreement disposing of all or any of the issues in dispute.

(5) Such other matters as may aid in the disposition of the appeal.

(b) A member of the Board may be designated to conduct the prehearing conference. The results of the conference including any stipulations by the parties, shall be reduced to writing by the presiding member and shall be made part of the record.

§ 22-60.211 Hearings.

§ 22-60.211-1 Notice and where held.

In cases where a hearing has been requested or has been ordered by the Board, the parties will be given a minimum of 20 days notice in writing of the time and place of the hearing. Hearings will normally be held in Washington, D.C., unless the Board is satisfied that fairness to one or both of the parties requires a different hearing place. The Board may designate one of its members to conduct the hearing and to take all actions and make all rulings in connection with the conduct of the hearing which the full Board could make pursuant to the regulations in this part. In all such cases the designated member shall be an attorney or a qualified hearing examiner.

§ 22-60.211-2 Representation.

An appellant may appear before the Board in person, or may be represented by counsel or by any other duly authorized representative.

§ 22-60.211-3 Absence of parties.

The unexcused absence of a party or his authorized representative at the time and place set for the hearing will

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