AUTHORITY: The provisions of this Part 10-60 issued under 63 Stat. 390, 40 U.S.C. 486(c); 5 U.S.C. 301.

SOURCE: The provisions of this Part 10-60 appear at 32 F.R. 8676, June 16, 1967, unless otherwise noted.

§ 10-60.100 Treasury contract appeals to be heard by General Services Administration Board of Contract Appeals.

The General Services Administration Board of Contract Appeals (herein called the Board), with the prior approval of the Administrator of General Services, hereby is designated the authorized representative of the Secretary of the Treasury in hearing, considering, and determining as fully and finally as might the Secretary, all appeals by contractors from final decisions by contracting offcers on disputed questions taken pursuant to the provisions of contracts (other than contracts of the Office of the Comptroller of the Currency) requiring the determination of such appeals by the Secretary or his duly authorized representative.

§ 10-60.200 Rules regarding contract dispute appeals.

The rules and regulations pertaining to the appeal of General Services Administration contract disputes prescribed in or pursuant to Part 5-60 of this title and this part shall govern the appeal of all contract disputes with the Department of the Treasury, or with any bureau, office (other than the Office of the Comptroller of the Currency), division or other agency or subdivision of the Department of the Treasury, except for the rules entitled "Notice of appeal" (Rule 1, § 5-60.201 of this title), "Request, preparation and submission" (pertaining to the appeal file) (Rule 4A(1), § 5-60.204-1 of this title), and "Payment of claims" (Rule 22, § 5-60.224 of this title). Wherever the rules of the GSA Board in Subpart 5-60.2 of this title refer to the General Services Administra

tion (or GSA) or the Administrator or the General Counsel, GSA, there shall be substituted the terms Treasury Department, the Secretary or the General Counsel, Treasury Department, respectively.

§ 10-60.201

Notice of appeal.

§ 10-60.201-1 Filing.

A notice of appeal must be in writing, and shall be filed with the office of the contracting officer from whose decision the appeal is taken. The notice of appeal must be mailed or otherwise filed with the contracting officer within the time specified therefor in the contract, or as allowed in applicable provisions of directives or law.

§ 10-60.201-2 Forwarding of appeals.

When a notice of appeal in any form has been received by the contracting officer, he shall endorse thereon the date of mailing and the date of receipt (or the date of receipt only, if otherwise conveyed) and within 20 days shall forward said notice of appeal, together with the envelope in which same was enclosed, to the Board, with a copy to the General Counsel, Treasury Department, Washington, D.C. 20220. Following receipt by the Board of the original notice of appeal (whether through the contracting officer or otherwise), the contractor, the contracting officer, and General Counsel, Treasury Department, will be advised promptly thereof, and the contractor will be furnished a copy of the Board's rules

Following receipt of a notice of appeal, the contracting officer shall promptly, and in any event within 30 days, compile and transmit to the General Counsel, Treasury Department, two (2) copies of the appeal file as prescribed in Rule 4A (2), § 5-60.204-2 of this title. The General Counsel will submit the appeal file to the Board as promptly as possible after receipt by him of the Board's request therefor, and in any event so as to reach the Board within 45 days after such receipt.

§ 10-60.203

Treasury representation before General Services Administration Board of Contract Appeals.

The General Counsel of the Treasury Department will assure representation of the interests of the Government in proceedings before the General Services Administration Board of Contract Appeals. All officers and employees of the Treasury Department will appear and give testimony as required and will cooperate with the General Services Administration Board of Contract Appeals and Government counsel in the processing of appeals so as to assure their speedy and just determination. § 10-60.204 Effective date.

The regulations in this part shall become effective on the date of publication in the FEDERAL REGISTER. The regulations in this part shall apply to all cases now pending or in which appeal from the contracting officer's decision is taken on or after the effective date.

This subpart describes the Department of Transportation Procurement Regulations in terms of establishment, authority, applicability, issuance, arrangement, implementation, and supplementation of FPR, exclusions, and deviation procedure.

§ 12-1.002 Purpose.

(a) This subpart establishes Chapter 12, Department of Transportation Procurement Regulations (DOTPR), implementing and supplementing the Federal Procurement Regulations, and states its relationship to the Federal Procurement Regulations, to Chapter 2, Federal Aviation Agency Procurement Regulations (FAPR), to Chapter 11, Coast Guard Procurement Regulations (CGPR), to procurement regulations of other administrations of the Department, and to other laws and regulations governing Department of Transportation procurement.

(b) The Federal Procurement Regulations, as implemented and supplemented by Chapter 12 (Department of Transportation Procurement Regulations), are the authorized regulations governing the procurement of supplies and services (including construction and concessions) and the procurement of real property by lease, by the Department of Transportation.

The Department of Transportation Procurement Regulations (DOTPR) are prescribed pursuant to the authority of the Federal Property and Administrative Services Act of 1949, chapter 137 of title 10 of the United States Code, and Department of Transportation Order 4400.3.

§ 12-1.004 Applicability.

These regulations apply to all Department of Transportation procurements made within and outside the United States, unless otherwise specified. Pursuant to delegation by the National Transportation Safety Board under section 5(m) of the Department of Transportation Act, these regulations are applicable to the procurements of the National Transportation Safety Board Pending publication of implementing and

Department of Transportation Procurement Regulations which implement, supplement, or deviate from the Federal Procurement Regulations, Chapter 1 of Title 41 of the Code of Federal Regulations, and have an impact upon the public, will be published as Chapter 12 of Title 41, Code of Federal Regulations. [33 F.R. 12843, Sept. 11, 1968]

§ 12-1.006-2 Publication.

Chapter 12 of Title 41, Code of Federal Regulations will be published in the daily issues of the FEDERAL REGISTER, in cumulated form in the Code of Federal Regulations, and in separate looseleaf form on blue paper. The looseleaf form is designed to permit interleaf into the Federal Procurement Regulations.

§ 12-1.006-3 Copies.

Copies of the Department of Transportation Procurement Regulations in the FEDERAL REGISTER and the Code of Federal Regulations form may be purchased by Federal agencies and the public, at nominal cost, from the Superintendent of Documents, Government Printing Office, Washington, D.C. 20402. Looseleaf form copies of Chapter 12 will be distributed to Department of Transportation activities as authorized by the Director of Logistics and Procurement Policy, Office of the Secretary of Transportation.

The Department of Transportation Procurement Regulations employ the same numbering system and nomenclature used in the Federal Procurement Regulations, and conform with FEDERAL REGISTER Standards approved for the FPR, except that material published in looseleaf form which is not published in Title 41, Code of Federal Regulations, will be indicated by the letters "DOT" preceding and following the material. § 12-1.007-2 Numbering.

(a) Chapter 12 has been allocated to the Department of Transportation for implementing and supplementing Chapter 1 of Title 41 CFR, the Federal Procurement Regulations.

(b) Where the DOTPR implements a part, subpart, section, or subsection of the FPR, the implementing part, subpart, section, or subsection of DOTPR will be numbered (and captioned) to correspond to the part, subpart, section, or subsection of Chapter 1, Title 41 CFR, the FPR.

(c) Where the DOTPR supplements the FPR, the Nos. 50 and up will be assigned to the parts, subparts, or sections involved.

(d) Where the subject matter contained in a part, subpart, section, or subsection of FPR requires no implementation, the DOTPR will contain no corresponding part, subpart, section, or subsection number and the subject matter as published in the FPR governs. § 12-1.007-3 Citation.

Department of Transportation Procurement Regulations will be cited in accordance with FEDERAL REGISTER standards approved for the FPR. For example, this section, when referred to in divisions of the Department of Transportation Procurement Regulations, may be cited as "§ 12-1.007-3". However, when this section is referred to formally in official documents, such as legal briefs, it should be cited as "41 CFR 12–1.007-3”. Any section of the Department of Transportation Procurement Regulations may be informally identified, for purpose of brevity, as DOTPR followed by the section number, i.e., "DOTPR 12-1.007-3".

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