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accelerated procedure (§ 7-60.26) the stenographic record will not be transcribed unless requested by either of the parties. Copies of the transcript shall be furnished to the contractor at his expense.

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

§ 7-60.19 Representation of the parties.

(a) An individual contractor may appear before the Board in person, a corporation by an officer thereof, a partnership or joint venture by a member thereof, or by an attorney-at-law duly licensed in any State, Commonwealth, Territory, or in the District of Columbia. In special cases, the Board may authorize contractors to be represented by persons other than those mentioned.

(b) If the person representing the contractor is not identified in the notice of appeal (§ 7-60.3), he should file a notice of appearance with the Board stating his name, address, and if an attorney-at-law, the jurisdiction in which he is licensed. The Government shall be represented by the Assistant General Counsel (Contract Staff), Agency for International Development, Washington 25, D.C. Appearances of other attorneys who will represent the Government with him may be filed with the Board. If the Assistant General Counsel (Contract Staff) is not to represent the Government, he shall so notify the Board, indicating who has been designated to do so.

§ 7-60.20 Post-hearing briefs.

The Board may fix a reasonable time after the close of an oral hearing within which additional briefs may be filed. § 7-60.21


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after service on the party moving for reconsideration of the decision or order dismissing the case. Reconsideration of the decision, which may include a hearing or rehearing, may be granted if, in the judgment of the Board, sufficient reason therefor appears.

§ 7-60:23 Extensions of time.

The Board may grant extensions of time except with respect to the filing of the notice of appeal.

§ 7-60.24 Board actions.

(a) Except as otherwise provided in this part, each appeal shall be assigned to a panel of three Board members designated by the General Counsel, who will designate one member as Chairman. The Chairman shall be a duly licensed attorney-at-law. Alternates may be designated by the General Counsel for any panel member who dies, is absent. is disqualified, or is otherwise unable to participate.

(b) Oral hearings may be held before one or more members of the panel or before the full panel, as designated by the Chairman, provided that the presiding member is a duly licensed attorneyat-law.

(c) Except as otherwise provided in this part, decisions on preliminary motions, procedural matters, and the conduct of hearings shall be by the Chairman or presiding officer. Decisions on the merits of the specific disputes under appeal shall be by a majority of the panel.

(d) The Chairman should be designated not later than 15 days after the answer is filed pursuant to § 7-60.6. The other members of the panel should be designated not later than 10 days before the date set for the hearing, if there is to be an oral hearing, or not later than the date the record is closed and the case is ready for decision.

(e) Before a Chairman is designated. rulings on extensions of time pursuant to § 7-60.23 may be made by the Executive Secretary. Rulings and orders on extensions of time and other matters before such designation may be made by ! a member of the Board designated by the General Counsel to rule on preliminary motions.

(f) The Executive Secretary will act for the Board in docketing appeals, issuing appropriate notices to the parties. and corresponding with the parties on behalf of the Board.


§ 7-60.25 Address of Board.

Unless the parties are notified otherwise, correspondence with the Board and papers to be filed with it by them shall be addressed to:

Board of Contract Appeals, Office of the Administrator, Agency for International Development, Washington 25, D.C.

§ 7-60.26 Optional accelerated procedure for cases involving $5,000 in amount or less.

An appeal involving $5,000 in amount or less shall be processed under this section at the request of the contractor, subject to the concurrence of the Government. Under this section:

(a) The appeal will be decided by a single member of the Board, who shall have for this purpose all the authority and power of the full Board to hear, consider, determine, and reconsider the matter.

(b) The appeal shall be deemed submitted for decision on the record unless the contractor or the Government, within 10 days after receipt of the Government's answer by the contractor, requests the Board to schedule an oral hearing.

(c) Such oral hearing shall be fixed at such time and place as shall be agreeable to the parties and to the Board member concerned, taking into consideration any request therefor of the contractor.

(d) For the purpose of this section, the amount involved in an appeal shall be the difference between the amount of the contractor's claim as stated in his complaint and the amount, if any, determined by the decision from which the appeal is taken.

(e) If the Board member assigned to the case under this section determines that the amount involved exceeds or may exceed $5,000, the parties shall be so informed, and the appeal shall be disposed of in accordance with §§ 7-60.6 through 7-60.25. The determination so made shall be final and conclusive.

$7-60.27 Depositions.

(a) When depositions may be taken. After an appeal has been docketed by the Board either party may take the testimony of any person by deposition upon oral examination or written interrogatories for use as evidence in the appeal proceedings.

(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) Written interrogatories. (1) A party desiring to take the deposition of any person upon written interrogatories 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 or descriptive title and address of the person before whom the deposition is to be taken. Within 20 days thereafter the party so served may cross interrogatories upon the party proposing to take the desposition. (2) A copy of the notice and copies of all interrogatories served shall be delivered by the party taking the deposition to the person designated in the notice who should proceed promptly to take the testimony of the witness in response to the interrogatories.


(d) Oral interrogatories. When either party desires to take the testimony of any person by deposition upon oral examination, unless the parties stipulate as to the time and place where the deposition is to be taken and the name of the person before whom it is to be taken and the name and address of the witness, such party shall give the opposite party at least 30 days' written notice of the time and place where such deposition will be taken and the name and address and official title of the person before whom it is proposed to take the deposition, and the name and address of the witness.

(e) Form and return of deposition. Each deposition shall show the docket number and the caption of the proceedings, the place and date of taking, the name of the witness, and the names of all persons present. The person taking the deposition shall certify on the deposition that the witness was duly sworn by him and that the deposition is a true record of the testimony given by the witness, and shall enclose the original deposition and exhibits in a sealed packet with postage and other transportation prepaid and forward same to the Executive Secretary, Agency for International Development, Board of Contract Appeals.

(f) Introduction in evidence. Either party to the appeal may offer depositions in evidence. The entire deposition must be offered unless otherwise stipulated by the parties or directed by the Board.

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8-15 Contract cost principles and procedures [Reserved]. 8-16

Procurement forms.

8-18 Contract financing.

8-75 Delegations of authority.

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8-1.1101 Procurement of qualified prod


Subpart 8-1.13-Standard Contract Delivery




General policy.

F.o.b. point of origin.

8-1.1352-1 F.o.b. point of origin delivery



F.o.b. contractor's plant.

8-1.1353-1 F.o.b. cor.tractor's plant delivery



F.o.b. point of origin, freight prepaid.

8-1.1354-1 F.o.b. point of origin, freight prepaid delivery clause.


F.o.b. point of origin, freight allowed.

8-1.1355-1 F.o.b. point of origin, freight allowed delivery terms clause. F.o.b. destination.


8-1.1356-1 F.o.b. destination, delivery terms



F.o.b. destination, within consignee's premises.

8-1.1357-1 F.o.b. destination, within consignee's premises delivery. clause.

AUTHORITY: §§ 8-1.100 to 8-1.1357-1 issued under 72 Stat. 1114, sec. 205 (c), 63 Stat. 390; 38 U.S.C. 210, 40 U.S.C. 486(c).

SOURCE: §§ 8-1.000 to 8-1.1357-1 appear at 28 F.R. 2327, Mar. 12, 1963, except as otherwise noted.

Subpart 8-1.1-Introduction

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This subpart establishes the Veterans Administration Procurement Regulations (VAPR), Chapter 8 of the Federal Procurement Regulations System (41 CFR Ch. 8) and states its relationship to the Federal Procurement Regulations (FPR) 41 CFR Ch. 1, and to instructions governing the procurement operations of the Veterans Administration.

§ 8-1.101 Establishment of VA Procurement Regulations.

(a) The policies and procedures prescribed by the Administrator of Veterans Affairs to provide direction, control and uniformity in the agency's procurement of personal property and nonpersonal services (including construction)


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