facts and the positions of the parties as a basis for the Board's decision or recommendation. The parties may offer such relevant evidence or argument as they deem appropriate; subject, however, to the exercise of reasonable discretion by the presiding member of the Board in supervising the extent and manner of presenting such evidence. The weight to be attached to any evidence presented will be determined by the Board.

§ 29-60.217-5 Examination of wit

nesses.

Witnesses before the Board may be examined orally under oath or affirmation, unless the facts are stipulated, or the presiding Board member shall otherwise order. If the testimony of a witness is not given under oath, the presiding Board member may, if he deems it expedient, warn the witness that his statements may be subject to the provisions of 18 U.S.C. 287 and 1001, and any other provisions of law imposing penalties for knowingly making false representations in connection with claims against the United States or in any matter within the jurisdiction of any department or agency thereof.

§ 29-60.217-6 Copies of papers.

(a) All documents offered in evidence at a hearing must be submitted in triplicate.

(b) When books, records, papers, or documents have been received in evidence, a true copy thereof, or of such part thereof as may be material or relevant, may be substituted therefor during the hearing or at the conclusion thereof. § 29-60.217-7 Posthearing submissions.

Unless otherwise directed by the Board, the parties will submit simultaneous briefs within 30 days of the receipt of the transcript, and reply briefs within 20 days of receipt of the initial briefs.

§ 29-60.217-8 Transcript of proceedings.

Testimony and argument at hearings shall be reported verbatim. Transcripts of the proceedings shall be supplied to the parties at such rates as may be fixed by contract between the Department and the reporting firm.

§ 29-60.217-9 Withdrawal of exhibits. After a decision has become final, the Board may, upon request and after notice

Counsel designated by the Solicitor of Labor shall represent the interests of the Department before the Board. They shall file notices of appearance with the Board, and notice thereof will be given appellant or his attorney in the form specified by the Board from time to time. Whenever it appears that appellant and the Solicitor's Office are in agreement as to disposition of the controversy, the Board may suspend further processing of the appeal in order to permit reconsideration by the contracting officer: Provided, however, That if the Board is advised by either party that the controversy has not been disposed of by agreement, the case shall be restored to the Board's docket. § 29-60.219 Decisions of the Board.

Decisions of the Board will be made in writing and a certified copy thereof will be forwarded to appellant. Copies also will be sent to the Solicitor of Labor and to the contracting officer. § 29-60.220

tion.

Motions for reconsidera

A motion for reconsideration, if filed by either party, shall set forth specifically the ground or grounds relied upon to sustain the motion, and shall be filed within 30 days from the date of the receipt of a copy of the decision of the Board by the party filing the motion. The opposing party shall have the right to file an answer to such motion within 30 days from the date of receipt of the motion for reconsideration, and either party shall have the right to request an oral argument. Reconsideration of a decision, which may include oral argument, may be granted if, in the judgment of the Board, sufficient reason therefor appears.

§ 29-60.222

Remands from courts.

Whenever any matter is remanded to the Board from any court for further proceeedings, each of the parties shall, within 20 days of such remand, submit a report to the Board, recommending procedures to be followed in order to comply with the court's order. The Board will review the reports and enter special orders governing the handling of matters remanded to it for further proceedings by any court, to the extent the court's directive and time limitations will permit, such orders will conform to these rules. § 29-60.223 Standards of conduct.

No member of the Board shall consider an appeal if he has participated in the awarding or administration of the contract in question. There shall be no communication between any party to an appeal and a Board member or Board employee concerning the merits of the appeal, unless such communication (if written) is also furnished to the other party. The Board also shall exercise care to avoid receiving, except as part of the formally established appeal record, any information having a substantial bearing upon an appeal from persons who do not represent a party in the appeal, but nonetheless have an interest in the decision to be rendered.

Subpart 29-60.3-Transitional
Provisions

§ 29-60.301 Appeals in progress.

All appeals pending before the General Services Administration Board of Contract Appeals on the effective date of the rules in this part (i.e., those with respect to which a notice of appeal had been properly filed before such date) shall be

processed in accordance with Department of Labor appeals procedures heretofore in effect. All other appeals pending in the Department on such date shall be processed under the procedures in effect at the time the notice of appeal was filed.

PART 29-61-PROVISIONS REGARDING AWARDS TO CONTRACTORS AND GRANTEES EMPLOYING FORMER DEPARTMENT OF LABOR EMPLOYEES

Sec.

29-61.1 Limitations on representation. 29-61.2 Special review procedures. 29-61.3 Application of these regulations.

AUTHORITY: The provisions of this Part 29-61 issued under 80 Stat. 379; 5 U.S.C. 301.

SOURCE: The provisions of this Part 29-61 appear at 35 F.R. 6483, Apr. 23, 1970, unless otherwise noted.

§ 29–61.1 Limitations on representation.

(a) Every contract or grant entered into by the Secretary or his representative under the authority of the Manpower Development and Training Act of 1962, as amended, the Economic Opportunity Act of 1964, as amended, or title IV of the Social Security Act, as amended, shall contain a warranty by the contractor or grantee to the effect that no individual retained or hired by the contractor or grantee has performed or will perform representational activities before the Department of Labor if such individual was formerly employed in the Office of the Assistant Secretary for Manpower, the Manpower Administration, or any subdivision thereof in a position GS 14 or above within 2 years prior to the performance of such representational activities. The warranty clause shall provide that, in the event of breach or violation, the Department shall have the right to annul the contract or grant without liability to the Government, if the Department determines in its discretion, that the circumstances so warrant and that it is in the interest of the Government to do so. For the purposes of this paragraph, representational activities shall mean any appearance, conversation, or other direct contact in relation to the contract or grant between the former employee and any employee of the Department of

Labor and shall include telephone conversations and any correspondence with the Department or any subdivision or employee thereof.

(b) The Secretary or his authorized representative shall establish a debarred list consisting of those persons or firms, corporations, concerns, private agencies or organizations which, after compliance with the procedural requirements set forth in § 1-1.604-1 of Title 41 of the Code of Federal Regulations, he has found to have violated the clause required under paragraph (a) of this section. He shall transmit this list to the General Services Administration. No contract or grant shall be awarded by the Department of Labor or any subdivision thereof to any of those on this debarred list or to any concern, corporation, firm, partnership, association, private agency or organization in which any of those on the debarred list has a controlling interest, for a period of 2 years from the time the individual, firm, corporation, concern, partnership, association, private agency or organization is placed on the list, unless the Secretary or his authorized representative otherwise provides.

§ 29-61.2 Special review procedures.

In the case of any contract or grant of the kind described in § 29-61.1(a), a special review staff in the Office of the Assistant Secretary for Manpower shall review, prior to award, any such contract or grant to any firm or private agency or organization in which an individual is employed in an executive capacity who was formerly employed in the Office of the Assistant Secretary for Manpower, the Manpower Administration, or any subdivision thereof. The review shall be for the purpose of recommending to the Assistant Secretary for Manpower whether there are any facts or circumstances which would indicate impropriety or conflict of interest. The recommendation shall be reviewed and acted upon by the Assistant Secretary for Manpower. § 29-61.3 Application of these regulations.

The regulations in this part shall be effective with regard to all contracts or grants entered into pursuant to invitations for bids issued or negotiations commenced on or after the effective date of these regulations.

20-131-74-10