An appeal from a decision of a contracting officer is made by sending a written notice of appeal to the Administrator, Federal Aviation Agency, directed to the attention of the contracting officer. The notice must be mailed or filed within 30 days after the date the decision of the contracting officer is received, unless a different time is provided in the contract. The contractor must sign the notice, identify the contract involved and the decision appealed from, and state that he is appealing from that decision. A letter of complaint or a general letter objecting to some action taken is not a notice of appeal. The notice should be in triplicate, specify the portion or portions of the decision from which the appeal is taken, and state the reason why those portions are erroneous. § 2-60.202 Duties of the contracting

officer.

Upon receiving a notice of appeal, the contracting officer shall endorse on the original and the copies the date of mailing, or the date of receipt if otherwise filed. He shall send the notice and one copy immediately to the Contract Appeals Panel for docketing. Within 15 days after the date he receives the notice, the contracting officer shall send a file, consisting of the following, to the Contract Appeals Panel:

(a) The findings of fact and the decision from which the appeal is taken, and the letters or other documents of claim in response to which the decision was issued;

(b) A copy of the contract and pertinent specifications, plans, drawings, modifications, change orders, and amendments;

(c) All correspondence between the parties relating to the dispute;

(d) Transcripts of any testimony taken in connection with the dispute, in addition to any affidavits or statements of any witnesses that were considered by the contracting officer in reaching his decision;

(e) A statement of the evidence leading to, and the basis for arriving at, the contracting officer's decision, citing pertinent letters and documents related to the decision; and

(f) Any additional data that the contracting officer may consider pertinent. The contracting officer may substitute a true copy for the original of any document named in paragraphs (a) through (f) of this section.

§ 2-60.205

Designation of Panel mem

ber to consider appeal.

The Chairman of the Contract Appeals Panel shall designate one member of the Panel to act for the Panel. In cases of unusual complexity, more than one member may be designated. The member or members designated for that purpose shall not have participated directly in any aspect of the award or administration of the contract involved. The Chairman shall notify the appellant and the contracting officer of the designation. The designated Panel member, or members, shall exercise the authority of the Panel in all matters, except that the decision is made by a majority of the Panel members designated by the Chairman to decide the case.

§ 2-60.206 Request for hearing.

The appellant may request an oral hearing, by written notice to the Contract Appeals Panel within 30 days after the date he receives the Panel's notice to appellant under § 2-60.203, or if the contracting officer files additional material for the record under § 2-60.208, within 30 days after the date the appellant receives his copy of that material. The Panel member to whom the appeal has been assigned shall fix the time and the place of the hearing, and shall notify the appellant and the contracting officer whose decision is appealed, at least 15 days before the hearing. Ordinarily, hearings are held at the headquarters of the Agency, in Washington, D.C., but they may be held at any other place designated by the member conducting the hearing, for good cause shown. The convenience of the parties will be considered.

§ 2-60.207 Appellant's election as to procedure.

(a) The appellant may elect to have the appeal considered upon:

(1) The written record, without oral inquiry or hearing (§ 2-60.208);

(2) An administrative inquiry (§ 260.209); or

(3) An adversary hearing (§§ 2-60.210 through 2-60.210-5).

(b) The appellant makes his election as follows:

(1) He elects to have the appeal considered on the written record if he does not request a hearing in accordance with § 2-60.206.

(2) He elects to have the appeal considered upon an administrative inquiry if he requests a hearing, but does not file a formal petition in accordance with § 2-60.210-1, or does not comply with any order the Panel issues requiring its amplification.

(3) He elects to have the appeal considered upon an adversary hearing if he files a petition in accordance with § 260.210-1 and complies with the orders of the Panel requiring its amplification. § 2-60.208 Procedure for submission on documentary record.

If the appellant does not request hearing in accordance with § 2-60.206 the appeal is considered on the docu mentary record alone. The appellant may submit any additional relevant ma

terial for the record within 30 days after the date he receives the notice to appellant, under § 2-60.203, or within such additional time as may be permitted by the Panel. The contracting officer whose decision is appealed shall submit any answering material within 30 days after the date he receives the material submitted by the appellant. The appellant must submit any material in reply within 30 days after the date he receives the material submitted by the contracting officer. Further submission of additional material by either party, and extensions of time to submit, are permitted, or directed, at the discretion of the Panel. The appellant shall furnish copies to the contracting officer at the time of submission to the Panel. The contracting officer shall furnish copies to the appellant (except copies of the file initially sent to the Panel) at the time of submission to the Panel.

§ 2-60.209 Procedure for administrative inquiry.

If the appellant requests an oral hearing as provided in § 2-60.206, the appeal is heard at an administrative inquiry, unless the appellant files, with his request for hearing, a formal petition conforming to § 2-60.210-1, and to

any orders of the Panel requiring its amplification. At the administrative inquiry, the Panel member presiding shall receive evidence and arguments presented by or for the appellant and the contracting officer whose decision is appealed. The Panel member shall limit the presentation to matters actually in issue, and obtain admissions, stipulations and concessions through questioning the parties. The parties may offer evidence or argument without regard to the formal rules of evidence. However, the Panel member may refuse to receive any evidence or argument on matters not in issue or any repetitive, irrelevant, or improper material, and may refuse to receive any material that is not of sufficient probative weight to be considered substantial evidence. There is no right to crossexamine. The Panel member may question a witness after his direct presentation, to develop any facts he considers relevant, and may, at or after the hearing, make such further investigation and inquiry as he feels will help him to establish the facts of the case. The appellant and the con

To begin the procedure for considering an appeal upon an adversary hearing, the appellant must file a formal petition when he files his Request for Hearing under § 2-60.206, or within such time thereafter as may be allowed by the Panel. The formal petition must specify the errors in the contracting officer's decision; must set forth a short and plain statement of the facts that entitle the appellant to relief; must conform to the formal and substantive requirements for pleadings under Rules 8 through 11 of the Rules of Civil Procedure for the U.S. District Courts; and should also contain applicable citations of authority for the consideration of the Panel. The appellant must file two copies of the petition with the Panel, and one copy with the contracting officer from whose decision he has appealed.

Motions by the appellant or by the contracting officer are made by filing two copies of a notice thereof, together with any supporting papers, with the Panel, and furnishing one copy to the other party. The Panel shall consider any timely motion for extension of time to file; to cure defaults; to require that a petition, answer, or reply be made more definite and certain; to dismiss for lack of jurisdiction; to dismiss or grant summary relief because the petition, answer or reply does not raise a justiciable issue; to require a prehearing conference; to reopen a hearing; to take depositions; to dismiss for failure to prosecute; or to reconsider a decision. In addition, the Panel may make its own motions, by furnishing a notice thereof to the parties. A party who receives a notice of motion has 20 days after the date he receives the notice to reply and file any answering material, unless a longer time is allowed by the Panel. Motions to reconsider a decision must be made within 30 days after the date of receipt of the decision, unless for good cause shown, the Panel permits a longer period of time. On all motions the Panel shall make orders that are appropriate and are just to the parties, and upon conditions that will promote efficiency in disposing of the appeal. The Panel may, in its discretion, permit oral hearing or argument and the presentation of briefs. § 2-60.210-5

Hearing.

The parties present the evidence at adversary hearings. Testimony is adduced through examination and crossexamination of witnesses. The formal rules of evidence do not apply, but the Panel member may, upon objection or on his own motion, exclude evidence of disallow questions, on the grounds of irrelevance, impropriety, immateriality, or such insufficiency in probative weight as not to be considered substantial evidence. The Panel member shall preside, and shall establish the general procedures for the introduction of evidence and the calling of witnesses. The Panel may, in its discretion, order the submission of trial briefs before the hear

ing, and may order the submission of briefs at the completion of the hearing. § 2-60.211 General rules for administrative inquiries and hearings.

Administrative inquiries and adversary hearings are conducted as informally as may be reasonably allowable and appropriate under the circumstances. Testimony is not given under oath, but is considered to be representations made in connection with claims against the United States within the meaning of sections 287 and 1001 of Title 18, United States Code. The Panel member shall invite the attention of witnesses to these provisions of the law. Testimony is reported verbatim, or recorded with an appropriate device. The Panel may accept true copies, so certified by the custodian thereof, in place of original exhibits.

A dispute may be settled at any time before the decision by the contractor's filing a written notice withdrawing his appeal or by written stipulation between the contractor and the contracting officer or their counsel, settling the dispute. § 2-60.214 Decisions.

The Panel shall make its decision in writing, signed by the Panel members designated by the Chairman to decide the case. Copies of the decision shall be sent at the same time to both parties All orders and decisions of the Panel (except those required for good cause to be held confidential) are available for public inspection at the offices of the Contract Appeals Panel, Federal Aviation Agency, Washington, D.C.

3-75.208

Office of Administration, Division of General Services.

Subpart 3-75.3-Mistakes in Bids 3-75.301 Determinations delegation. AUTHORITY: §§ 3-75.101 to 3-75.301 issued under General Services Administration Delegation 410 (27 F.R. 3017, March 30, 1962) and secs. 2-500-40 and 2-500-60, as amended, of the Statement of Organization and Delegation of Authority, Secretary, Department of Health, Education, and Welfare (22 F.R. 1049, 24 F.R. 8612).

SOURCE: §§ 3-75.101 to 3-75.301 appear at 27 F.R. 10792, Nov. 16, 1962, except as otherwise noted.

Subpart 3-75.1-General Delegation $3-75.101 Authority delegated.

Authority to make purchases of and contracts for property or services, to sign

and issue purchase orders, contracts and certificates of award in connection therewith, and to use the procurement provisions contained in Title III, Public Law 152, 81st Congress (63 Stat. 377) (Federal Property and Administrative Services Act of 1949) as amended (41 U.S.C. 251 et seq.): Provided, That this authority shall be exercised in accordance with applicable limitations and requirements of Public Law 152, 81st Congress, as amended, particularly sections 304 and 307 and policies, procedures, limitations, and controls prescribed by the General Services Administration and the Department. Subpart 3-75.2-General Delegation Delegatees and Specific Limitations § 3-75.201 Food and Drug Administration.

(a) Authority stated in § 3-75.101 is delegated to:

(1) Commissioner.

(2) Deputy Commissioner.

(3) Assistant Commissioner for Administration.

(4) Director, Division of General Services.

(5) General Supply Officer.

(6) Supervisory Procurement Agent. (b) Authority delegated in this section is limited as follows:

(1) No authority is delegated to:

(i) Negotiate purchases or contracts under section 302(c) (6), (8), (9), (12),