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.

Value engineering program re

12-1.5513

Award.

quirement.

12-1.5514

12-1.5514-1

Schedule provision limiting

payment obligation.

Termination for convenience.

Limitations.

Evaluation.

Contract clauses.

Limitation of price and con

tractor obligations.

12-1.5514-2 Cancellation of items.

AUTHORITY: The provisions of this Part 12-1 issued under sec. 205(c), 63 Stat. 389; 40 U.S.C. 486 (c), 10 U.S.C. 2301-2314.

SOURCE: 37 FR 4802, Mar. 4, 1972, unless otherwise noted.

Subpart 12-1.0-Regulation System § 12-1.001 Scope of subpart.

This subpart describes the Department of Transportation Procurement Regulations in terms of establishment, authority, applicability, issuance, arrangement, implementation, and supplementation of the Federal Procurement Regulations, exclusions, and deviation procedure. § 12-1.002

Purpose.

(a) This subpart establishes Chapter 12, Department of Transportation Procurement Regulations (DOTPR), imple

menting and supplementing the Federal Procurement Regulations (FPR), and states its relationship to the FPR.

(b) The FPR, as implemented and supplemented by Chapter 12 (DOTPR), 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.

§ 12-1.003 Authority.

The DOTPR are prescribed pursuant to the authority of section 205 (c) of the Federal Property and Administrative Services Act of 1949.

These regulations apply to all Department of Transportation procurements, unless otherwise specified.

§ 12-1.005 Exclusions.

(a) Certain Department of Transportation procurement policies and procedures which come within the scope of this Chapter 12 nevertheless may be excluded when there is appropriate justification, such as:

(1) Subject matter which bears a security classification.

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

(3) Policies and procedures which are effective on an experimental basis for a reasonable period. § 12-1.006 § 12-1.006-1

Issuances.

Code arrangement.

DOTPR which implement, supplement or deviate from the FPR (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. § 12-1.006-2 Publication.

Chapter 12 of Title 41, Code of Federal Regulations will be published in the FEDERAL REGISTER, in cumulative 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 FPR.

agencies and the public, at nominal cost, from the Superintendent of Documents, Government Printing Office, Washington, D.C. 20402. Looseleaf copies of Chapter 12 will be distributed to Department of Transportation activities as authorized by the Director of Installations and Logistics, Office of the Secretary of Transportation.

§ 12-1.007 Arrangement.

§ 12-1.007-1 General plan.

The DOTPR employ the same numbering system and nomenclature used in the FPR, 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) 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 the FPR.

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

(c) 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.

DOTPR will be cited in accordance with FEDERAL REGISTER standards approved for the FPR. For example, this section, when referred to in the DOTPR, may be cited as "12-1.007-3". Any section of these regulations may be informally identified for purposes of brevity, as DOTPR, followed by the section number; i.e., "DOTPR 12-1.007-3". § 12-1.008

Implementation.

(a) The DOTPR implement and supplement the FPR. Implementing material is that which expands upon related FPR material. Supplementing material is that for which there is no counterpart in the FPR.

(b) The DOTPR may in turn be implemented and supplemented by regula