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§ 22-60.211-9 Withdrawal of exhibits. one party to a pending appeal and

After a decision has become final, members of the Board which relate to upon request and after notice to the

the merits of the appeal shall be made other party, the Board may in its dis in the presence of the other party, if cretion permit the withdrawal of origi

oral, or shall be served upon the other nal exhibits, or any part thereof, by party in accordance with paragraph the party entitled thereto. The substi- (a) of this section, if written. tution of certified true copies of exhib- $ 22-60.214 Findings, recommendations, its or any part thereof may be re and decision. quired by the Board in its discretion as

(a) In cases where the Board has not a condition of granting permission for

been delegated the power of final decisuch withdrawal.

sion, it shall submit its written find8 22-60.212 Submission of additional in

ings and recommendations to the Asformation at Board's request.

sistant Director. The Assistant Direc

tor may accept, modify or reject the The Board may request either party

Board's findings and recommendaat any stage of an appeal proceeding

tions, and in his discretion he may to furnish any information which the

direct that copies thereof be served Board deems necessary or desirable in

upon the parties and that they be connection with its consideration of

given such opportunity as he may the appeal. Submission thereof shall

specify to comment orally or in writbe made within a reasonable time limit

ing prior to making his decision. The to be specified by the Board.

decision of the Assistant Director in

such cases shall be final and conclu$ 22-60.213 Communications between par

sive within the meaning of the Disties and the Board; evidence of service.

putes clause of the contract. (a) Copies of all briefs, pleadings, no

(b) In cases where pursuant to § 22tices and other communications be 60.206(a) the Assistant Director has tween a party and the Board shall be delegated to the Board the power of simultaneously served upon the other final decision, the Board's findings party, except that in the case of and decision shall be final and conclulengthy written material placed in the sive within the meaning of the “Disappeal file pursuant to $ 22-60.206 or putes,” clause of the contract. $ 22-60.212, it shall be sufficient to (c) Every final decision pursuant to serve upon the other party a descrip paragraphs (a) and (b) of this section tion of the material in question and and all findings and recommendations the date of its transmission for the of the Board pursuant to paragraph file. All written communications by a (a) of this section shall be based upon party to the Board shall contain or be substantial evidence of record. accompanied by evidence of simulta (d) A copy of each decision shall be neous service upon the other party by furnished to both parties to the appeal means of personal delivery or by mail. and shall be available for public in

(b) Except as provided in $ 22- spection at the office of the Contract60.211-3, all communications between ing Officer.

CHAPTER 23—UNITED STATES ARMS CONTROL AND DISARMAMENT AGENCY

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Part 23-1 23-3 23-4 23-7 23-50 23-51 23-52

General........
Procurement by negotiation..........
Special types and methods of procurement ..........
Contract clauses.........
Grants....................
Delegations of procurement authority ............
Patents, data and copyrights..........

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PART 23-1-GENERAL

8 23–1.000 Scope of part.

This part describes the method by Sec.

which the U.S. Arms Control and Dis. 23-1.000 .Scope of part.

armament Agency implements and

supplements the Federal Procurement Subpart 23-1.1-Introduction

Regulations, and contains procedures 23-1.100 Scope of subpart.

which implement and supplement 23-1.101 Establishment of ACDA procure Part 1-1 of the Federal Procurement ment regulations.

Regulations. 23-1.102 Relationship of ACDAPR Chap

ter 23 to the FPR. 23-1.103 Authority.

Subpart 23-1.1-Introduction 23-1.104 Applicability. 23-1.105 Exclusions.

$ 23-1.100 Scope of subpart. 23-1.106 Issuance. 23-1.106-1 Code arrangement.

This subpart establishes Chapter 23 23-1.106-2 Publication.

of the Federal Procurement Regula23-1.106-3 Copies.

tions System, and states its relation23-1.107 Arrangement.

ship to the Federal Procurement Reg. 23-1.107-1 General Plan.

ulations (FPR), and to other instruc23-1.107-2 Numbering.

tions governing contracting and pro23-1.107-3 Citation.

curement operations of the U.S. Arms 23-1.108 (Reserved)

Control and Disarmament Agency 23-1.109 Deviation.

(ACDA). Subpart 23-1.2-Definition of Terms

§ 23-1.101 Establishment of ACDA pro23-1.201 Definitions.

curement regulations. 23-1.204 Head of the Agency. 23-1.205 Procuring activity.

This subpart establishes the U.S. 23-1.206 Head of the procuring activity. Arms Control and Disarmament 23-1.250 ACDA.

Agency Procurement Regulations 23-1.251 Agency.

(ACDAPR), as prescribed by the Di23-1.252 Director.

rector of the Agency for the procure

ment of personal property and services Subpart 23–1.3—General Policies

(including construction) and the pro23-1.302 Procurement sources.

curement of real property by lease. 23-1.302-3 Contracts between the Govern Section 31 of the Arms Control and ment and Government employees or

Disarmament Act (22 U.S.C. 2571) aubusiness concerns substantially owned

thorizes and directs the Director of or controlled by Government employees. 23-1.317 Noncollusive bids and proposals.

the Agency to exercise his powers in 23-1.350 Execution of contracts.

such a manner as to insure the acquisi23-1.352 Fraud against the Government tion of a fund of theoretical and pracand other violations of law.

tical knowledge concerning disarma

ment. To this end the Director is auSubpart 23-1.4-Procurement Authority and

thorized and directed, under the direcResponsibility

tion of the President, to insure the 23-1.402 Authority of contracting officers. conduct of research, development, and 23-1.404-2 Designation.

other studies in the field of arms con23-1.404-3 Termination of designation. trol and disarmament, and to make ar23-1.450 Contracting officers' representa

rangements (including contracts, tives. 23-1.451 Assignment of duties to contract

agreements, and grants) for the coning officers in other agencies.

duct of research, development, and 23-1.452 Availability of funds.

other studies in the field of arms con

trol and disarmament by U.S. private AUTHORITY: Sec. 205(c), 63 Stat. 390; 40 U.S.C. 486(c); secs. 31 and 41, 75 Stat. 631,

or public institutions or persons. Limi22 U.S.C. 2571 and 2581.

tations on the scope of the Director's SOURCE: 33 FR 19226, Dec. 24, 1968, unless

authority are specified in section 31 of

the Act. otherwise noted.

(d) Where speed of issuance is essential, and numerous changes in this Chapter 23 cannot be made promptly. These will be codified in Chapter 23 at the earliest practicable date, and in any event not later than 6 months from date of issuance.

8 23-1.102 Relationship of ACDAPR Chap

ter 23 to the FPR. (a) Chapter 23 implements and supplements the FPR. Material published in the FPR, which has Governmentwide applicability, becomes effective within ACDA upon the mandatory effective date of the particular FPR material.

(b) Implementing material is that which expands upon related FPR material. It will treat a similarly num. bered portion of the FPR in greater detail or indicate the manner of compliance or deviation.

(c) Supplemental material is that for which there is no counterpart in the FPR.

(d) The absence of a corresponding part, subpart, and section in Chapter 23 indicates that the FPR is applicable as written.

$ 23-1.106 Issuance.
$ 23–1.106-1 Code arrangement.

Chapter 23 material published in the FEDERAL REGISTER will be published in cumulative form in Chapter 23 of Title 41 of the Code of Federal Regulations.

§ 23-1.106-2 Publication.

All Chapter 23 material considered necessary or desirable for an understanding of basic and significant ACDA procurement policies and procedures by business organizations and other organizations or individuals interested in furnishing property or services to ACDA will be published in the FEDERAL REGISTER. Detailed instructions of interest primarily for internal agency guidance shall not be published.

$ 23-1.106-3 Copies.

The FEDERAL REGISTER and Title 41 of the Code of Federal Regulations may be purchased from the Superintendent of Documents, Government Printing Office, Washington, D.C. 20402.

$ 23-1.107 Arrangement.

$ 23-1.103 Authority.

The U.S. Arms Control and Disarmament Agency Procurement Regulations are prescribed by the Director of the Agency pursuant to the Arms Control and Disarmament Act, and the Federal Property and Administrative Services Act of 1949, as amended. $ 23-1.104 Applicability.

Chapter 23 applies to all contracts for the procurement of personal property and services (including construction) and the procurement of real property by lease, with U.S. private or public institutions and persons. Unless otherwise specifically stated, Chapter 23 does not apply to grants. $ 23-1.105 Exclusions.

Certain ACDA policies and procedures within the scope of Chapter 23 may nevertheless be excluded when authorized by the Director. These exclusions include the following categories:

(a) Subject matter which bears a security classification.

(b) Policies or procedures which are expected to be effective for a period of less than 6 months.

(c) Policies or procedures which are being instituted on an experimental basis for a reasonable period.

$23-1.107-1 General plan.

The U.S. Arms Control and Disarmament Agency Procurement Regulations (ACDAPR) employ the same numbering system and nomenclature as the Federal Procurement Regulations and conform with FEDERAL REGISTER Standards approved for the FPR.

$ 23-1.107-2 Numbering.

(a) This Chapter 23 has been allocated to the U.S. Arms Control and Disarmament Agency for implementing, supplementing and deviating from the Federal Procurement Regulations appearing as Chapter 1 of this Title 41 of the Code of Federal Regulations.

(b) Where Chapter 23 implements, or deviates from, a part, subpart, sec

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