« PreviousContinue »
Rules 17 through 25, the Board may upon its own initiative or upon the application of either party, call upon the parties to appear before a member or examiner of the Board for a conference to consider:
(a) The simplification or clarification of the issues;
(b) The possibility of obtaining stipulations, admissions, agreements on documents, understandings on matters already of record, or similar agreements which will avoid un. necessary proof;
(c) The limitation of the number of expert witnesses, or avoidance of similar cumulative evidence, 1f the case is to be heard;
(d) The possibility of agreement disposing of all or any of the issues in dispute;
(e) Such other matters as may aid in the disposition of the appeal. The results of the conference shall be reduced to writing by the Board member or examiner in the presence of the parties, and this writing shall thereafter constitute part of the record.
11. Submission without a hearing. Either party may elect to walve a hearing and to submit his case upon the Board record, as settled pursuant to Rule 13. In the event of such election to submit, the submission may be supplemented by oral argument (transcribed if requested), and/or by briefs, arranged in accordance with Rules 18 and 23.
12. Optional accelerated procedure. Should an appeal involve $5,000 in amount or less, it may at the option of appellant be processed under this rule. In the event of such election, the Board will undertake to issue a decision on the appeal on an expedited basis, without regard to its normal position on the docket. Under this accelerated procedure, the case will be further expedited if the parties elect to waive pleadings and/or elect to waive the hearing and submit on the record. In all other respects, these rules will apply.
13. Settling of the record. A case submitted on the record pursuant to Rule 11 shall be ready for decision when the parties are so notified by the Board. A case which is beard shall be ready for decision upon receipt of transcript, or upon receipt of briefs when briefs are to be submitted. At any time prior to the date that a case is ready for decision, either party upon notice to the other, may supplement the record with documents and exhibits deemed relevant and material by the Board. The Board upon its own initiative may call upon either party, with appropriate notice to the other, for evidence deemed by it to be relevant and material. The weight to be attached to any evidence of record will rest within the sound discretion of the Board. Either party may at any stage of the proceeding, on notice to the other party, raise objection to material in the record or offered into the record, on the grounds of relevancy and materiality.
The Board record shall consist of documentation described in Rule 4, and any additional
material, pleadings, prehearing briefs, record of prehearing or presubmission conferences, depositions, interrogatories, admissions, transcripts of hearing, hearing exhibits, and posthearing briefs, as may thereafter be developed pursuant to these rules.
This record will at all times be available for inspection by the parties at the office of the Board. In the interest of convenience, prior arrangements for inspection of the file should be made with the Recorder of the Board. Copies of material in the record may, 11 practicable, be furnished to appellant at the cost of reproduction.
14. Depositions-(a) When depositions may be taken. After an appeal has been docketed, the Board may, upon application of either party or upon agreement by the parties, permit the taking of the testimony of any person, by deposition upon oral examination
written interrogatories for use as evidence in the appeal proceedings. Leave to take a deposition will not ordinarily be granted unless it appears that it 1s impracticable to present the deponant's testimony at the hearing of the appeal, or unless a hearing has been waived and the case submitted pursuant to Rule 11.
(b) Before whom taken. Depositions to be offered in evidence before the Board may be taken before and authenticated by any person authorized by the laws of the United States, or by the laws of the place where the deposition is taken, to administer oaths.
(c) By oral examinations. When either party desires to take the testimony of any person by deposition upon oral examination, the moving party shall give the opposite party at least 15 days written notice of the time and place where such deposition is proposed to be taken; the name, address, and title of the person before whom it is proposed to be taken; and the name and address of the witness. This notice is unnecessary in any case where the deposition has been scheduled by mutual agreement. If the party so served finds it impracticable to appear at the taking of the deposition, in person or by counsel, he shall promptly so notify the moving party who shall make available to him & copy of the evidence given at the deposition. Within 15 days after receipt of such copy, the party so served may serve cross-interrogatories upon the moving party, and proceedings shall be had thereon as provided in the next succeeding subparagraph (d) herein.
(d) By written interrogatories. When either party desires to take the testimony of any person by deposition upon written inter. rogatories, the moving party shall serve them upon the opposite party with a notice stating the name and address of the person who is to answer them and the name, address, and title of the person before whom the deposition is to be taken. Within 15 days thereafter, the party so served may serve crossinterrogatories upon the moving party. A copy of the notice and copies of all interrogatories served shall be delivered by the moving party to the person before whom the
deposition is to be taken, and the latter shall either party and upon good cause shown, the proceed promptly to take the testimony of Board may in its discretion advance a hearing. the witness in response to the interrogatories. 18. Notice of hearings. The parties shall be
(e) Form and return of deposition. Each given at least 15 days notice of the time and deposition should show the docket number place set for hearings. In scheduling hearings, and the caption of the proceedings, the place the Board will give due regard to the desires and date of taking, the name of the witness, of the parties, and to the requirement for just and the names of all persons present. The and inexpensive determination of appeals person taking the deposition shall certify without unnecessary delay. Notices of hearthereon that the witness was duly sworn by ing shall be promptly acknowledged by the him and that the deposition is a true record parties. A party failing to acknowledge a of the testimony given by the witness, and notice of hearing shall be deemed to have he shall enclose the original deposition and submitted his case upon the Board record exhibits in a sealed prepaid package and for- as provided in Rule 11. ward same to the Recorder, Armed Services 19. Unescused absence of a party. The unBoard of Contract Appeals.
excused absence of a party at the time and (1) Introduction in evidence. No testimony place set for hearing will not be occasion for taken by deposition shall be considered as delay. In the event of such absence, the hearpart of the evidence in the hearing of an ing will proceed and the case will be regarded appeal unless and until such testimony is as submitted by the absent party as provided offered and received in evidence at the hear- in Rule 11. ing. It will not ordinarily be received in evi- 20. Nature of hearings. Hearings shall be dence if the deponent is present and can as informal as may be reasonable and approtestify personally at the hearing. In such priate under the circumstances. Appellant case it can, however, be utilized to contradict and respondent may offer at a hearing on the or impeach the testimony of the deponent as merits such relevant evidence as they deem a witness. If the opportunity to be heard has appropriate and as would be admissible under been waived and the case submitted pursuant the generally accepted rules of evidence apto Rule 11, the deposition shall be deemed to plied in the courts of the United States in be part of the record before the Board.
nonjury trials, subject, however, to the sound 15. Interrogatories to parties; inspection discretion of the presiding member or exof documents; admission of facts. Under ap- aminer in supervising the extent and manner propriate circumstances, but not as a matter of presentation of such evidence. In general, of course, the Board will entertain applica- admissibility will hinge on relevancy and tions for permission to serve written inter- materiality. Letters or copies thereof, affidarogatories upon the opposing party, applica- vits, or other evidence not ordinarily admistions for an order to produce and permit the
sible under the generally accepted rules of inspection of designated documents, and evidence, may be admitted in the discretion applications for permission to serve upon the of the presiding member or examiner. The opposing party a request for the admission weight to be attached to evidence presented of specified facts. Such applications shall be in any particular form will be within the disreviewed and approved only to the extent and cretion of the Board, taking into consideraupon such terms as the Board in its discre- tion all the circumstances of the particular tion considers to be consistent with the ob- case. Stipulations of fact agreed upon by the jective of securing just and inexpensive parties may be regarded and used as evidence determination of appeals without unneces- at the hearing. The parties may stipulate the sary delay, and essential to the proper pursuit
testimony that would be given by a witness of that objective in the particular case.
11 the witness were present. The Board may 16. Service of papers. Service of papers in
in any case require evidence in addition to all proceedings pending before the Board
that offered by the parties. may be made personally, or by mailing the 21. Examination of witnesses. Witnesses same in a sealed envelope registered, or certi- before the Board will be examined orally filed, postage prepaid, addressed to the party under oath or affirmation, unless the facts upon whom service shall be made and the are stipulated, or the Board member or date of delivery as shown by return receipt examiner shall otherwise order. If the testishall be the date of service. Waiver of the
mony of a witness is not given under oath service of any papers may be noted thereon
the Board may, if it seems expedient, warn or on a copy thereof or on a separate paper,
the witness that his statements may be subsigned by the parties and filled with the Board.
ject to the provisions of Title 18, United HEARINGS
States Code, Sections 287 and 1001, and any 17. Where and when held. Hearings will
other provisions of law imposing penalties ordinarily be held in Washington, D.C., ex- for knowingly making false representations cept that upon request reasonably made and in connection with claims against the United upon good cause shown, the Board may in its States or in any matter within the jurisdiscretion set the hearing at another loca- diction of any department or agency thereof. tion. Hearings will be scheduled at the dis- 22. Copies of papers. When books, records, cretion of the Board with due consideration papers, or documents have been received in to the regular order of appeals and other evidence, a true copy thereof or of such pertinent factors. On request or motion by part thereof as may be material or relevant
specified by the Board from time to time. Whenever at any time it appears that appellant and Government counsel 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 thereafter by either party that the controversy has not been disposed of by agreement, the case shall be restored to the Board's calendar without loss of position.
may be substituted therefor, during the hearing or at the conclusion thereof.
23. Posthearing briefs. Posthearing briefs may be submitted upon such terms as may be agreed upon by the parties and the presiding member or examiner at the conclu. sion of the hearing. Ordinarily they will be simultaneous briefs, exchanged within 20 days after receipt of transcript.
24. Transcript of proceedings. Testimony and argument at hearings shall be reported verbatim, unless the Board otherwise orders, Transcripts of the proceedings shall be supplied to the parties at such rates as may be fixed by contract between the Board and the reporter. If the proceedings are reported by an employee of the Government, the appellant may receive transcripts upon payment to the Government at the same rates as those set by contract between the Board and the independent reporter.
25. Withdrawal of exhibits. After a decision has become final the Board may, upon request and after notice to the other party, in its discretion permit the withdrawal of original exhibits, or any part thereof, by the party entitled thereto. The substitution of 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.
28. Decisions of the Board will be made in writing and authenticated copies thereof will be forwarded simultaneously to both parties. The rules of the Board and all final orders and decisions (except those required for good cause to be held confidential and not cited as precedents) shall be open for public inspection at the offices of the Board in Washington, D.C. In accordance with paragraph 3 of the Charter, decisions of the Board will be made upon the record, as described in Rule 13.
MOTIONS FOR RECONSIDERATION 29. A motion for reconsideration, if fled 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.
DISMISSAL WITHOUT PREJUDICE
26. The appellant. An individual appellant may appear before the Board in person, a corporation by an oficer thereof, a partnership or joint venture by a member thereof, or any of these by an attorney at law duly licensed in any State,
Commonwealth, Territory, or in the District of Columbia.
27. The respondent, Government counsel designated by the various departments to represent the departments, agencies, directorates, and bureaus cognizant of the disputes brought before the Board, may in accordance with their authority represent the interests of the Government 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
30. In certain cases, appeals docketed before the Board are required to be placed in a suspense status and the Board is unable to proceed with disposition thereof for reasons not within the control of the Board. In any such case where the suspension has continued, or it appears that it will continue, for an inordinate length of time, the Board may in its discretion dismiss such appeals from its docket without prejudice to their restoration when the cause of suspension has been removed.
CHAPTER 7-AGENCY FOR INTERNATIONAL
Subpart 7-1.1-Introduction Sec. 7-1.101 Purpose. 7-1.102 Authority. 7-1.103 Applicability. 7-1.104 Issuance. 7-1.104-1 Relation to Federal Procurement
Regulations System. 7-1.1042 Internal. 7-1.104 3 Public. 7–1.1044 AIDPR notices. 7-1.104-5 Responsibility. 7-1.105 Arrangement. 7-1.105-1 Citation. 7-1.106 Implementation within AID pro
curement Regulations (FPR)
Subpart 7-1.2-Definition of Terms 7-1.202 Executive agency. 7-1.204 Head of the agency. 7-1.205 Procuring activity. 7-1.206 Head of the procuring activity. 7-1.209 Procurement. 7-1.251 AID. 7-1.252 Administrator. 7-1.253 Assistant Administrator. 7-1.254 Borrower, grantee, borrower/
grantee. 7-1.255 Cooperating country. 7–1.256 Foreign Assistance Act. 7-1.257 Government, Federal, State, local
and political subdivisions. 7–1.258 Mission. 7-1.259 Overseas.
Subpart 7-1.3-General Policies Sec. 7-1.305 Specifications. 7-1.305–2 Exceptions to mandatory use of
Federal Specifications. 7-1.305-3 Deviations from Federal Specifi
cations. 7-1.306 Standards. 7-1.306-1 Mandatory use and application
of Federal Standards. 7-1.310 Responsible prospective con
tractor. 7-1.310–7 Information regarding responsi
bility. 7-1.310-10 Performance records. 7-1.311 Priorities, allocations, and allot
ments. 7-1.313 Record of contract actions. 7-1.318 Contracting Officer's decision
under a disputes clause. Subpart 7-1.4--Procurement Responsibility and
Authority 7-1.400 Scope of subpart. 7–1.451 Procuring activities. 7-1.451-1 General. 7–1.451-2 Designation of Contracting Off
cers. 7-1.451-3 AID/Washington procuring ac
tivities. 7-1.451-4 Limitation on overseas field pro
curing activities. 7-1.452 Contracting Officers. 7-1.452-1 Authority. 7-1.452-2 Responsibilities. 7-1.453 Procurement policy. 7-1.453-1 General. 7-1.453-2 Assistant Administrator for Ad
ministration. 7-1.454 Controller. 7-1.455 General counsel. 7–1.456 Auditor General.
Sec. 7-1.605-3 Restrictions during period
of suspension. 7-1.605-4 Notice of suspension. 7-1.606
Agency procedure. Subpart 7-1.7--Small Business Concerns 7-1.702
Small business policies. 7-1.702-50 Additional AID policy. Subpart 7-1.10% Publicizing Procurement Actions 7-1.1001
General policy. 7-1.1003
Synopses of proposed pro
curements. 7-1.1003-2 General requirements. 7-1.1003-7 Preparation and transmittal.
AUTHORITY: The provisions of this part 7-1 issued under sec. 621, 75 Stat. 445, as amended; 22 U.S.C. 2381.
SOURCE: The provisions of this Part 7-1 appear at 30 F.R. 12968, Oct. 12, 1965, unless otherwise noted.
Subpart 7-1.5-Contingent Fees 7-1.507 Use of Standard Form 119. 7-1.507-3 Exceptions. Subpart 7-1.6-Debarred, Suspended, and
Ineligible Bidders 7-1.600 Scope of subpart. 7-1.602 Establishment and maintenance
of a list of firms or individuals debarred, suspended, or de
clared ineligible. 7-1.602-1 Bases for entry on the debarred,
suspended, and ineligible list. 7-1.604 Causes and conditions applicable
to determination of debarment
by an executive agency. 7-1.604-1(a)-1 Notice received. 7-1.604-1(b)-1 Debarment without a hear
ing. 7-1.604-1(b)-2 Date of the hearing. 7-1.604-1(b)-3 Hearing Examiner. 7-1.604-1(b) 4 Report to the Administrator. 7-1.604-1(b)-5 Findings. 7-1.604–1(b)-6 Recommendations. 7-1.605
Suspension of bidders. 7-1.605-2 Period and scope of suspen
Subpart 7-1.1-Introduction $ 7-1.101 Purpose.
This subpart establishes the Agency for International Development Procurement Regulations (AIDPR) for the codification and publication of policies and procedures for the procurement of services and personal property by the Agency for International Development (AID). $ 7-1.102 Authority.
AIDPR is prepared by the Assistant Administrator for Administration by direction of the Administrator of AID pursuant to the Foreign Assistance Act of 1961, complies with the Federal Procurement Regulations System, and implements and supplements the Federal Procurement Regulations (FPR). See FPR 1-1.0. 130 F.R. 12968, Oct. 12, 1965, as amended at 32 F.R. 8467, June 14, 1967) $ 7-1.103 Applicability.
(a) Unless a deviation is specifically authorized in accord with AIDPR 7-1.107, or unless otherwise provided, FPR and AIDPR apply to all procurements (regardless of currency of payment) of personal property and non-personal services to which AID is a direct party. This regulation does not apply to procurements by other parties, such as borrowers and grantees, which are financed under programs administered in whole or part by AID, nor to contracts entered into jointly by AID and the borrower or grantee to make a procurement from a third source for an overseas program or activity.