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 a hearing in accordance with § 2-60.206 the appeal is considered on the documentary record alone. The appellant may submit any additional relevant material 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 cross-examine. 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 contracting officer may submit additional written evidence or argument after the hearing within a time limit fixed by the Panel. Sections 2-60.210 through 2-60.210-5 does not apply to appeals heard at administrative inquiries.

§ 2-60.210 Procedure for adversary hearing.

The procedures for considering appeals upon adversary hearings are set forth in §§ 2-60.210-1 through 2-60.210-5. § 2-60.210-1

Petition.

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 subsantive requirements for pleadings under Rules 8 through 11 of the Rules of Civil Procedures 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.

§ 2-60.210-2 Answer.

If the appellant files a formal petition, the contracting officer shall file two copies of a formal answer thereto with the Panel, within 30 days after the date he receives the petition, unless a longer period is allowed by the Panel, and at the same time shall send one copy to the appellant. The answer must conform to the formal and substantive requirements

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 or disallow questions, on the grounds of irrelevance, impropriety, immaturiality, 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 hearing, and may order the submission of briefs at the completion of the hearings. § 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. § 2-60.212 Representation of parties.

An individual appellant may prosecute his appeal in person; a corporation, by an officer, a partnership, by a member; and any appellant may be represented by an attorney. Other persons may be authorized by the Panel to represent an appellant in a particular case. The contracting officer is represented by Agency counsel.

Sec.

3-1.605-4 Notice of suspension. 3-1.606 Agency procedure.

AUTHORITY: The provisions of this Part 3-1 issued under 5 U.S.C. 301; and 40 U.S.C. 486(c).

§ 3-1.000 Scope of part.

This part establishes a system of procurement procedures applicable to procurements of personal property and nonpersonal services (including construction) by all offices and operating agencies of the Department of Health, Education, and Welfare (referred to herein as HEW). The system is based upon the Federal Property and Administrative Services Act of 1949, and the Federal Procurement Regulations (referred to herein as FPR). It describes the method by which HEW implements, supplements, and may deviate from the FPR and sets forth policies and procedures which implement and supplement Part 1-1 of the FPR.

[29 F.R. 6494, May 19, 1964]

Subpart 3-1.1-Introduction

SOURCE: The provisions of this Subpart 3-1.1 appear at 29 F.R. 6494, May 19, 1964, unless otherwise noted.

§ 3-1.101 Scope of subpart.

This subpart sets forth introductory information pertaining to the HEW Procurement Regulations (herein identified as HEWPR). It explains the pur

pose of the HEWPR, authority under which they are issued, their relationship to the Federal Procurement Regulations System, applicability, method of issuance, exclusions, and arrangements. It, also, outlines procedures for implementing, supplementing, and deviating from the FPR.

§ 3-1.102 Purpose and authority.

HEWPR are issued to establish uniform policies and procedures for the procurement of personal property and nonpersonal services (including construction) by HEW. They are prescribed by the Administrative Assistant Secretary, under authority of 5 U.S.C. 22 and section 205 (c) Federal Property and Administrative Services Act of 1949, as amended (40 U.S.C. 486 (c)), delegated by the Secretary.

§ 3-1.103

Relationship to the FPR.

(a) HEWPR implement, supplement, and may deviate from, in some instances, the FPR. Implementing material is that which expands upon or indicates the manner of compliance with related FPR material. Supplementing material is that for which there is no counterpart in the FPR. Deviating material is defined in § 1-1.009 of the FPR.

(b) Material published, in the FPR which has Government-wide applica

bility, becomes effective throughout HEW upon the effective date cited in the particular FPR material. Such material generally will not be repeated, paraphrased, or otherwise stated in HEWPR except to the extent necessary to supplement, implement, or deviate from the FPR.

(c) Procurement instructions and procedures which are necessary to implement, supplement, or deviate from the FPR will be issued in the HEWPR by the Division of General Services, Office of Administration, when necessary to accomplish HEW-wide procurement objectives.

(d) Instructions and procedures which are necessary to implement and supplement the FPR and the HEWPR will be issued by the heads of operating agencies and staff offices or their designees. § 3-1.104 Applicability.

The FPR and HEWPR apply to all procurements of personal property and nonpersonal services (including construction) by HEW. Unless specified

otherwise, these regulations apply to procurements within and outside the United States.

§ 3-1.105 Method of issuance.

All HEWPR material deemed necessary for the general public to understand basic and significant HEW procurement policies and procedures will be published in the FEDERAL REGISTER as chapter 3 of Title 41, Code of Federal Regulations. These basic, plus more detailed, policies and procedures will be published in the HEWPR Manual for use by Departmental procuring activities and program offices. Copies of such manual material will be made available to the general public upon request.

§ 3-1.106 Exclusions.

(a) Certain HEW policies and procedures which come within the scope of the HEWPR may be excluded therefrom when there is justification therefor. These exclusions may include the following categories:

(1) Subject matter which bears a security classification.

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

(3) Policies or procedures which are effective on an experimental basis for a reasonable period.

(4) Policies and procedures pertaining to other functions of HEW as well as to procurement functions and there is need to make the issuance available simultaneously to all interested HEW employees.

(5) Speed of issuance is essential, numerous changes are required in the HEWPR, and the necessary changes must be made at a later date.

(b) Procurement policies, procedures, and instructions issued in other than FPR System format under paragraphs (a) (4) and (5) of this section will be published in the HEWPR at the earliest practicable date.

§ 3-1.107 Arrangement.

§ 3-1.107-1 General plan.

The HEWPR conforms with the FPR with respect to divisional arrangement into parts, subparts, sections, subsections, and further subdivisions as necessary.

§ 3-1.107-2 Numbering.

(a) Material in the HEWPR which implements or deviates from related material in the FPR is captioned and numbered to correspond with such material in the FPR, except that while the first digit of the FPR number is 1, the first digit of the HEWPR number is 3. Material in the HEWPR which supplements the FPR will be assigned numbers 50 through 89 at the parts, subparts, sections, or subsections for which there is no counterpart material in the FPR. Where material in the FPR requires no implementation or deviation, there is no corresponding number in the HEWPR. Thus, there are gaps in the HEWPR sequence of numbers where the FPR, as written, are applicable to HEW procurement.

(b) Material issued by operating agencies and staff offices of HEW to complement the HEWPR will be identified by prefixes to the digit 3 part, subpart, section, and subsection. The following are the assigned prefixes:

as "section 3-1.107-3 of chapter 3." When the Official Code of Federal Regulations citation is used, this section should be cited as "41 CFR 3-1.107-3." Any section of the HEWPR may be identified informally, for purposes of brevity, as "HEWPR" followed by the section number, such as, "HEWPR 3-1.107-3."

§ 3-1.108 Deviations.

In the interest of establishing and maintaining uniformity to the greatest extent feasible, deviations from the FPR and the HEWPR shall be kept to a minimum and controlled as follows:

(a) Requests for deviations shall set forth clearly the nature of the required deviations and the circumstances warranting them.

(b) Heads of operating agencies and staff offices or their designees may approve one-time deviation requests which originate in their respective organizations, and a copy of the deviation request and approval will be placed in the contract file. A copy of each approved deviation, also, shall be forwarded to the Procurement and Supply Management Branch, Division of General Services, Office of Administration. That Branch will review deviations periodically for the purpose of either changing the HEWPR or recommending changes in the FPR.

(c) Where deviations from the FPR in classes of cases are considered necessary, requests for authority to deviate shall be submitted through administrative channels to the Chief, Procurement and Supply Management Branch, Division of General Services, Office of Administration, who will consider the submission jointly with the General Services Administration (GSA). Where circumstances preclude the obtaining of prior concurrence of GSA, the Director of General Services may authorize a deviation. In such an instance, the Chief, Procurement and Supply Management Branch shall inform the GSA of the deviation and the circumstances under which it was required.

Subpart 3-1.6-Debarred, Suspended, and Ineligible Bidders

SOURCE: The provisions of this Subpart 31.6 appear at 30 F.R. 3218, Mar. 9, 1965, unless otherwise noted.