« PreviousContinue »
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 governs.
(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 "8 221.007-3 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."
8 22-1.009 Deviations.
Deviations from the FPR and 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.
$ 22-1.008 Agency implementation.
§ 22-1.008-1 Suffixes.
CSAPR'S which may be issued to provide for special requirements of in dividual 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.
PART 22-60—CONTRACT APPEALS
Sec. 22-60.000 Scope of part. 22-60.001 Definitions.
Subpart 22-60.1-Board of Contract Appeals
Establishment and Functions 22-60.101 Scope of subpart. 22-60.102 Determination of appeals. 22-60.103 Establishment and membership
of the Board. 22-60.104 Functions of the Board.
Subpart 22-60.2—Appeal Procedures 22-60.201 Scope of subpart. 22-60.202 Notice to contractor of appeals
procedures. 22-60.203 Filing of notice of appeal. 22-60.204 Form and content of notice of
appeal. 22-60.205 Duties of the Contracting Offi
cer. 22-60.206 Designation of Board, delegation
of final decision power; appeal file. 22-60.207 Optional procedure for appeals. 22-60.208 Submission without a hearing. 22-60.209 Settlement; withdrawal of
appeal. 22-60.210 Pre-hearing conference. 22-60.211 Hearings. 22-60.211-1 Notice and where held. 22-60.211-2 Representation. 22-60.211-3 Absence of parties. 22-60.211-4 Nature of hearings; evidence. 22-60.211-5 Examination of witnesses. 22-60.211-6 Copies of documents. 22-60.211-7 Posthearing briefs. 22-60.211-8 Transcript of proceedings. 22-60.211-9 Withdrawal of exhibits. 22-60.212 Submission of additional infor.
mation at Board's request. 22-60.213 Communications between parties
and the Board; evidence of service. 22-60.214 Findings, recommendations, and
decision. AUTHORITY: 42 U.S.C. 2942(n).
SOURCE: 31 FR 6625, May 4, 1966, unless otherwise noted.
(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 reg. ulations in this part.
(e) “Parties.” “Appellant.” and “Government” include duly authorized attorneys and other representatives appearing for the parties, the appellant, or the Government in connection with an appeal under the regulations in this part.
Subpart 22-60.1—Board of Contract
Appeals Establishment and Func
tions § 22-60.101 Scope of subpart.
This subpart describes the establishment, membership, and functions of the Board of Contract Appeals of the Community Services Administration.
§ 22-60.000 Scope of part.
This part established policies and procedures regarding appeals from decisions of contracting officers filed pursuant to “Disputes" clauses of contracts entered into by the Community Services Administration.
$ 22-60.102 Determination of appeals.
Determination of appeals from decisions of contracting officer shall be made by the Assistant Director after receipt of findings and recommendations by a Board, or by the Board itself pursuant to delegation of the Assistant Director in accordance with § 22-60.206(a).
$ 22-60.001 Definitions.
As used in the contract appeal regulations in this part:
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.
ent and ship 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 he deems appropriate, the Assistant Director may designate a person from the academic community or from industry to serve as a member of the Board.
(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.
§ 22-60.203 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.
§ 22-60.104 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.
§ 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.
Subpart 22–60.2—Appeal Procedures
§ 22-60.201 Scope of subpart.
$ 22-60.205 Duties of the Contracting OffiThis subpart sets forth the proce
cer. dures governing the filing and disposi Upon receipt of the notice of appeal, tion of an appeal.
the Contracting Officer shall prompt
ly acknowledge receipt thereof in writ8 22-60.202 Notice to contractor of ap- ing to the appellant, enclosing a copy peals procedures.
of the contract appeal regulations in Whenever a contractor protests a de this part, and shall transmit a copy of cision of the Contracting Officer made such acknowledgment to the Assistant pursuant to a contract “Dispute" Director together with the appeal file
consisting of the documents specified (c) Upon receipt of the appeal file, in § 22-60.206 and a separate listing by the Board Chairman shall provide title and date of such documents. A both the appellant and the General copy of the acknowledgment shall be Counsel with a listing of the appeal transmitted simultaneously to the file contents and shall notify them General Counsel. The Contracting Of. where the file may be examined. Each ficer may retain a duplicate copy of party may furnish or suggest additionthe appeal file. In any case where the al documentation deemed pertinent to notice of appeal does not specify the appeal. The appeal file shall be whether a hearing is desired, the available for examination by the parletter of acknowledgment shall specifi ties or their counsel or representatives cally call the appellant's attention to
at the office of the Board Chairman, the provisions of $$ 22-60.207 and 22
or at the office of the Contracting Of. 60.208.
ficer. $ 22-60.206 Designation of Board, delega
$ 22-60.207 Optional procedure for aption of final decision power; appeal
In order to elirainate the costs of a (a) After the Assistant Director has
hearing to the contractor and to the
Government on appeals involving relareceived notification of the appeal, he
tively small amounts, and to expedite shall designate the Board in accord
the decisions on such appeals, appeals ance with the provisions of $ 22-60.103
may be considered without a hearing and shall transmit the appeal file to the Board Chairman. Simultaneously
in accordance with the provisions of
$ 22-60.208, unless a hearing has been the Assistant Director may also dele
requested by either party within 20 gate to the Board the power of final
days after receipt of the Contracting decision in the matter being appealed.
Officer's letter of acknowledgment of The Board Chairman shall send a
the notice of appeal or unless the copy of the notice of designation, in
Board orders a hearing. cluding any delegation of final decision power and the list of documents
$ 22-60.208 Submission without a hearing. in the appeal file, to the appellant and
Where neither party desires a hearto the General Counsel. (b) The file shall consist of the origi.
ing, and the Board does not order one,
the Board's findings and recommendanal, whenever possible, or copies of all
tions will be based upon the appeal documents pertinent to the appeal, in
file and such written submissions (including the following:
cluding briefs) as the parties may (1) Notice of appeal.
submit on their own initiative or at (2) The findings of fact or decision the request of the Board. In all such of the Contracting Officer from which
cases the Board shall determine the the appeal is taken.
time schedule for written submissions. (3) The invitation for bids or proposals, the contract, pertinent plans and $ 22-60.209 Settlement; withdrawal of specifications amendments, and appeal. change orders.
A dispute may be settled at any time (4) All correspondence between the before decision by written stipulation parties relating to or pertinent to the between the appellant and the Condispute.
tracting Officer, or their counsel or (5) Transcripts of any testimony representatives, subject to the approvtaken in connection with the dispute al of the Assistant Director (or ti prior to the filing of the appeal, and Board in cases where final decision affidavits or statments of any wit has been delegated to the "Board”). If nesses which were considered by the only part of the dispute is settled, the Contracting Officer in reaching deci appeal shall continue as to any issues sion being appealed.
remaining in dispute. At any time (6) Any additional data that the prior to decision the appellant may Contracting Officer may consider per- withdraw the appeal with prejudice, tinent.
by written notice to the Board.
$ 22-60.210 Pre-hearing conference.
not be the occasion for delay of the (a) The Board, upon the request of
hearing. In such event, the hearing
will proceed and the case will be reeither party, or in its own discretion,
garded as submitted on the record by may call the parties to a prehearing
the absent party, or the Board may, in conference to consider the following: (1) Simplification or clarification of
its discretion and with the consent of the issues.
the present party, cancel the hearing (2) Possibility of obtaining stipula
and treat the appeal as submitted on tions, admissions of fact, and agree
the written record. ment respecting the introduction of documents.
$ 22-60.211-4 Nature of hearings; evi(3) Limitation of the number of
dence. expert witnesses.
Hearings will be informal and will (4) Possibility of agreement dispos- seek to provide the Board with the ing of all or any of the issues in dis pertinent facts and positions of the
parties. The Board shall not be bound (5) Such other matters as may aid in
by formal rules of evidence. The parthe disposition of the appeal.
ties shall be permitted reasonable lati(b) A member of the Board may be
tude to present such relevant and designated to conduct the prehearing
trustworthy evidence and such arguconference. The results of the confer
ments as they deem appropriate. Howence including any stipulations by the
ever, the Board, in its discretion, may parties, shall be reduced to writing by
limit the extent and manner of presenthe presiding member and shall be
tation and may exclude repetitious made part of the record.
material. $ 22-60.211 Hearings.
§ 22-60.211-5 Examination of witnesses. $ 22-60.211-1 Notice and where held.
Witnesses may be excused from tesIn cases where a hearing has been tifying under oath, in the discretion of requested or has been ordered by the the Board. All witnesses may be examBoard, the parties will be given a mini ined or cross-examined by the memmum of 20 days notice in writing of bers of the Board, the parties, or their the time and place of the hearing. representatives. Hearings will normally be held in Washington, D.C., unless the Board is $ 22-60.211-6 Copies of documents. satisfied that fairness to one or both
Accurate copies of documents may of the parties requires a different
be accepted in evidence if submission hearing place. The Board may desig
of original documents is not practicanate one of its members to conduct
ble. the hearing and to take all actions and make all rulings in connection with $ 22-60.211-7 Posthearing briefs. the conduct of the hearing which the full Board could make pursuant to the
Posthearing briefs may be submitted regulations in this part. In all such
upon such terms as may be ordered by cases the designated member shall be
the Board at the conclusion of the an attorney or a qualified hearing ex
hearing. Unless otherwise ordered by aminer.
the Board, the briefs of both parties
shall be served and filed within 30 § 22-60.211-2 Representation.
days after the hearing transcript is reAn appellant may appear before the ceived. Board in person, or may be represented by counsel or by any other duly au
$ 22-60.211-8 Transcript of proceedings. thorized representative.
Hearings shall be reported verbatim
unless the Board orders otherwise. § 22-60.211-3 Absence of parties.
Copies of transcripts of proceedings The unexcused absence of a party or can be obtained by appellants by orhis authorized representative at the dering same from the public reporter time and place set for the hearing will and paying the cost thereof.