signed by the Secretary or his designee and dated, and shall include the following items:

(1) A statement of the time, place, and purpose of the hearing, and the authority and jurisdiction under which it will be held. The statement as to purpose need only identify the contract clause, the contracts or subcontracts involved, and the ultimate facts to be determined. The time of the hearings

shall not be less than 10 days after service of the notice.

(2) Brief allegations in reasonable detail setting forth the circumstances surrounding the act or acts of discrimination, the name(s) of the complainant(s), and the approximate date and place of each alleged discriminatory act. allegations need be only sufficient to apprise the contractor or subcontractor reasonably of the issues involved in the hearing.

Such

(3) A request that the contractor or subcontractor answer in writing the allegations of the notice, including in his answer such facts or arguments as he may wish, and that he attend the hearings to adduce such evidence with respect to the alleged discrimination as he may desire.

(b) Service of notice. Service shall be made by mailing by registered mail, return receipt requested, a copy of the notice to the contractor or subcontractor. [27 F.R. 8877, Sept. 6, 1962]

§ 12.808-4 Continuances and delays.

The authority to grant continuances or to adjourn the hearing shall rest with the person presiding at the hearing. Continuances will only be allowed for the most compelling reasons.

[27 F.R. 8878, Sept. 6, 1962]

Testimony and arguments shall be reported verbatim. The reporter or secretary shall make available to the contractor or subcontractor and to the Government transcripts of the proceedings, including all testimony and copies of all documentary exhibits upon the payment of the reasonable costs thereof as the Department may by order fix. [27 F.R. 8878, Sept. 6, 1962]

§ 12.808-8 Conduct of hearings.

Hearings shall be conducted by the Secretary or his designee. Hearings

will be as informal as may be reasonably appropriate under all the circumstances. Evidence and testimony, although not ordinarily admissible under legal rules of evidence, may be received subject to the discretion of the person presiding at the hearing. Immaterial, irrelevant, or unduly repetitious evidence shall be excluded. The parties may stipulate as to any facts or testimony. The testimony of witnesses shall be under oath and witnesses shall be subject to cross-examination. The hearing officer shall make such rulings with respect to the conduct of hearings as circumstances may require to ensure the orderly and expeditious presentation of evidence in a manner fair to the parties and consistent with this part and requirements of due process of law.

[27 F.R. 8878, Sept. 6, 1962] § 12.808-9

Depositions.

Following service of the notice of hearing, a deposition may be taken as herein provided, and placed in evidence whenever the ends of justice will be served thereby.

(a) Notice to take. When either party desires to take a deposition, unless the parties stipulate as to the time when, and place where, the deposition is to be taken, the name of the officer before whom it is to be taken, and the names and addresses of the witnesses, the moving party shall give to the opposite party at least ten days' notice of the time when and the place where such deposition will be taken; the name and address and official title of the officer before whom it is proposed to take the deposition, and the names of the witnesses. A deposition

may be taken either upon written interrogatories or upon oral examination, as may be specified in the notice. If the deposition is to be taken upon written interrogatories, copies thereof must accompany the notice to take depositions; if the opposite party desires to submit cross-interrogatories, written cross-interrogatories should be served upon the party giving the notice within 5 days from the receipt of the notice to take the deposition. Notices may be served upon the contractor or subcontractor as provided in § 12.808-3 or upon his legal counsel of record. Service upon the Government may be made upon the person signing the notice of hearing or the Government representative of record. If service is made by mail, the mail shall be registered and service will be complete upon mailing.

(b) Taking depositions. Depositions may be taken before and authenticated by any officer, military or civil, authorized by the laws of the United States or by the laws of the place where the deposition is taken, to administer oaths. Witnesses shall be under oath and shall be subject to cross-examination as at the hearing. Objections will be reserved for determination at the hearing: Provided, however, Objections as to the form of questions shall be made and noted in the deposition. Each deposition shall show the caption of the proceeding, the place and date of taking, the names of the witnesses, and the party by whom called. The officer taking a deposition shall enclose the original deposition and exhibits, in a sealed packet, with postage or other transportation prepaid, and forward the same to the Secretary or his designee.

(c) Use of deposition. Testimony taken by deposition will not be considered until offered in whole or in part and received in evidence. A deposition

taken by one party may be offered by the opposite party.

[27 F.R. 8878, Sept. 6, 1962]

§ 12.808-10 Absence of parties.

If the contractor or subcontractor fails or refuses to appear, the hearing shall proceed upon such evidence as the Government may offer. The unexcused absence of any party shall not be occasion for delay of the hearing. [27 F.R. 8878, Sept. 6, 1962]

(a) Certificates of Merit may be awarded:

(1) By the Committee on its own initiative. The Committee acting through the Chairman or Vice Chairman may award United States Government Certificates of Merit to employers or employee organizations which are or may hereafter be engaged in work under Government contracts, if the Committee is satisfied that the personnel and employment practices of the employer, or that the personnel, training, apprenticeship, membership, grievance and representation, upgrading, and other practices and policies of the employee organization conform to the purposes and provisions of the Order.

(2) By the Executive Vice Chairman upon the recommendation of a Department. The Committee, acting through the Executive Vice Chairman, may award a United States Government Certificate of Merit upon the recommendation of the Department. The recommendation should include a statement in sufficient detail to inform the Executive Vice Chairman of the basis for the recommended award.

(b) Suspension or revocation. The Committee, acting through the Chairman or Vice Chairman, may at any time review the continued entitlement of any employer or employee organization to a Certificate of Merit, and may suspend or revoke the Certificate.

[27 F.R. 8878, Sept. 6, 1962, as amended at 30 F.R. 6012, Apr. 29, 1965]

In solicitations or advertisements for employees placed by or on behalf of a contractor or subcontractor, the requirements of paragraph (b) of the Equal Opportunity clause shall be satisfied whenever the contractor or subcontractor complies with any of the following:

(a) States expressly in the solicitations or advertising that all qualified applicants will receive consideration for employment without regard to race, creed, color, or national origin;

(b) Uses display or other advertising, and the advertising includes an appropriate insignia prescribed by the Committee. The use of the insignia is considered subject to the provisions of 18 U.S.C. 701;

(c) Uses a single advertisement, and the advertisement is grouped with other advertisements under a caption which clearly states that all employers in the group assure all qualified applicants equal consideration for employment without regard to race, creed, color, or national origin;

(d) Uses a single advertisement in which appears in clearly distinguishable type the phrase "an equal opportunity employer."

[30 F.R. 6012, Apr. 29, 1965]

Subpart 1-Nondiscrimination
Because of Age

It is the policy of the Executive Branch of the Government (a) that contractors and subcontractors engaged in the performance of Federal contracts shall not, in connection with the employment, advancement, or discharge of employees or in connection with the terms, conditions, or privileges of their employment, discriminate against persons because of their age except upon the basis of a bona fide occupational qualification, retirement plan, or statutory requirement; and (b) that contractors and subcontractors, or persons acting on their behalf, shall not specify, in solicitations or advertisements for employees to work on Government contracts, a maximum age limit for such employment unless the specified maximum age limit is based upon a bona fide occupational qualification, retirement plan, or statutory requirement. This policy is stated in Executive Order

13.201 13.202 13.203

13.204

Furnishing military property.
Profits and fees.

Use for or by contractors of test facilities owned and operated by the Government.

Subpart B-Material

Policy on furnishing material.
Procedure.

Changing the amount of material to be furnished by the Government.

Disposition.

Notices to Defense Industrial Plant Equipment center. Items to be screened by defense industrial plant equipment center.

13.701

13.702

13.703

Subpart D-Use and Rental of Government Production and Research Property

13.704

13.705

13.403

13.404

Authorizing a contractor to use government production and research property without charge. Rental of government production and research property. Rental rates and policies applicable to the use of government production and research property.

13.706

13.707

13.708

13.709

13.710

Subpart G-Contract Clauses

Applicability.

Government property clause for fixed-price contracts.

Government property clause for cost-reimbursement contracts. Special tooling clause for fixedprice contracts.

Special test equipment clause for negotiated contracts.

Government property clause for fixed-price type contracts with nonprofit institutions.

Government property clause for cost-reimbursement type research and development contracts with nonprofit institutions.

Government property clause for contracts with fixed-price and cost-reimbursement provisions. Clause for government property furnished "as is".

Government-furnished property

clause for short form contracts. AUTHORITY: The provisions of this Part 13 issued under sec. 2202, 70A Stat. 120; 10 U.S.C. 2202. Interpret or apply secs. 23012314, 70A Stat. 127-133; 10 U.S.C. 2301–2314.

SOURCE: The provisions of this Part 13 appear at 30 F.R. 1744, Feb. 9, 1965, except as otherwise noted.

As used in this part, the following terms have the meaning stated below. Additional definitions applicable to property administration are set forth in §§ 30.2 and 30.3 of this chapter.

§ 13.101-1 Property.

Property includes all property, both real and personal. For the purpose of this part, it consists of five separate categories-material, special tooling, special test equipment, military property, and facilities.

§ 13.101-2 Government property.

Government property means all property owned by or leased to the Government or acquired by the Government under the terms of a contract. Government property includes both Government-furnished property and contractor-acquired property as defined

Provide, as used in the context of such phrases as "Government property provided to the contractor" and "Government-provided property", means either to furnish, as in "Government-furnished property", or to acquire, as in "contractor-acquired property."

§ 13.101-4 Material.

Material means property which may be incorporated into or attached to an end item to be delivered under a contract or which may be consumed or expended in the performance of a contract. It includes, but is not limited to, raw and processed material, parts, components, assemblies, and small tools and supplies which may be consumed in normal use in the performance of a contract.

Special tooling means all jigs, dies, fixtures, molds, patterns, taps, gauges, other equipment and manufacturing aids, and replacements thereof, which are of such a specialized nature that, without substantial modification or alteration, their use is limited to the development or production or particular supplies or parts thereof, or the performance of particular services. The term includes all components of such items, but does not include:

(a) Consumable property;

(b) Special test equipment; or

(c) Buildings, nonseverable structures (except foundations and similar improvements necessary for the installation of special tooling), general or special machine tools, or similar capital items. § 13.101-6 Special test equipment.

Special test equipment means electrical, electronic, hydraulic, pneumatic, mechanical or other items or assemblies of equipment, which are of such a specialized nature that, without modification or alteration, the use of such items (if they are to be used separately) or assemblies is limited to testing in the development or production of particular supplies or parts thereof, or in the performance of particular services. The term "special test equipment" includes all components of any assemblies of such equipment, but does not include: (a) Consumable property; (b) Special tooling; or

(c) Buildings, nonseverable structures (except foundations and similar improvements necessary for the installation of special test equipment), general or special machine tools, or similar capital items.

§ 13.101-7 Military property.