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§ 22-60.211-9 Withdrawal of exhibits.

After a decision has become final, upon request and after notice to the other party, the Board may in its discretion permit the withdrawal of original exhibits, or any part thereof, by the party entitled thereto. The substitution of certified true copies of exhibits or any part thereof may be required by the Board in its discretion as a condition of granting permission for such withdrawal.

§ 22-60.212 Submission of additional information at Board's request.

The Board may request either party at any stage of an appeal proceeding to furnish any information which the Board deems necessary or desirable in connection with its consideration of the appeal. Submission thereof shall be made within a reasonable time limit to be specified by the Board.

§ 22-60.213 Communications between parties and the Board; evidence of service. (a) Copies of all briefs, pleadings, notices and other communications between a party and the Board shall be simultaneously served upon the other party, except that in the case of lengthy written material placed in the appeal file pursuant to § 22-60.206 or § 22-60.212, it shall be sufficient to serve upon the other party a description of the material in question and the date of its transmission for the file. All written communications by a party to the Board shall contain or be accompanied by evidence of simultaneous service upon the other party by means of personal delivery or by mail.

(b) Except as provided in § 2260.211-3, all communications between

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(a) In cases where the Board has not been delegated the power of final decision, it shall submit its written findings and recommendations to the Assistant Director. The Assistant Director may accept, modify or reject the Board's findings and recommendations, and in his discretion he may direct that copies thereof be served upon the parties and that they be given such opportunity as he may specify to comment orally or in writing prior to making his decision. The decision of the Assistant Director in such cases shall be final and conclusive within the meaning of the Disputes clause of the contract.

(b) In cases where pursuant to § 2260.206(a) the Assistant Director has delegated to the Board the power of final decision, the Board's findings and decision shall be final and conclusive within the meaning of the "Disputes," clause of the contract.

(c) Every final decision pursuant to paragraphs (a) and (b) of this section and all findings and recommendations of the Board pursuant to paragraph (a) of this section shall be based upon substantial evidence of record.

(d) A copy of each decision shall be furnished to both parties to the appeal and shall be available for public inspection at the office of the Contracting Officer.

CHAPTER 23-UNITED STATES ARMS

CONTROL AND DISARMAMENT AGENCY

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§ 23-1.000 Scope of part.

This part describes the method by which the U.S. Arms Control and Disarmament Agency implements and supplements the Federal Procurement Regulations, and contains procedures which implement and supplement

Part 1-1 of the Federal Procurement Regulations.

Subpart 23-1.1—Introduction

§ 23-1.100 Scope of subpart.

This subpart establishes Chapter 23 of the Federal Procurement Regulations System, and states its relationship to the Federal Procurement Regulations (FPR), and to other instructions governing contracting and procurement operations of the U.S. Arms Control and Disarmament Agency (ACDA).

§ 23-1.101 Establishment of ACDA procurement regulations.

This subpart establishes the U.S. Arms Control and Disarmament Agency Procurement Regulations (ACDAPR), as prescribed by the Director of the Agency for the procurement of personal property and services (including construction) and the procurement of real property by lease. Section 31 of the Arms Control and Disarmament Act (22 U.S.C. 2571) authorizes and directs the Director of the Agency to exercise his powers in such a manner as to insure the acquisition of a fund of theoretical and practical knowledge concerning disarmament. To this end the Director is authorized and directed, under the direction of the President, to insure the conduct of research, development, and other studies in the field of arms control and disarmament, and to make arrangements (including contracts, agreements, and grants) for the conduct of research, development, and other studies in the field of arms control and disarmament by U.S. private or public institutions or persons. Limitations on the scope of the Director's authority are specified in section 31 of the Act.

§ 23-1.102 Relationship of ACDAPR Chapter 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 numbered 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.

§ 23-1.103 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.

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§ 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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