§ 12-60.215 Unexcused absence of a party.

The unexcused absence of a party at the time and place set for hearing does not delay the hearing. In such a case, the hearing proceeds and the case is considered to be submitted on the written record by the absent party, as provided in § 12-60.206.

§ 12-60.216 Nature of hearings.1

Hearings shall be as informal as may be reasonable and appropriate under the circumstances. Subject to the discretion of the presiding Board member as to the extent and manner of the presentation of such evidence, the appellant and the contracting officer may offer any relevant evidence that would be admissible under the generally accepted rules of evidence applied in the courts of the United States in nonjury trials. In general, admissibility depends on relevancy and materiality. Letters or copies thereof, affidavits, or other evidence may be admitted in the discretion of the presiding Board member. The weight to be attached to evidence presented in any particular form is within the discretion of the Board, after considering the circumstances of the particular case. The Board may in any case require evidence in addition to that offered by the parties. § 12-60.217 Examination of witnesses.

Witnesses before the Board may be examined orally under oath or affirmation. If the testimony of a witness is not given under oath the Board shall warn the witness that his statements are subject to sections 287 and 1001 of Title 18, United States Code, and any other provisions of law imposing penalties for knowingly making false representations in connection with claims against the United States.

§ 12-60.218 Copies of papers.

A true copy may be substituted for any book, record, paper, or other document that has been received in evidence. If this is done, an identical copy shall be furnished to the other party.

§ 12-60.219 Posthearing briefs.

Posthearing briefs may be submitted upon such terms as may be agreed upon by the parties, or as may be directed by the presiding Board member.

1 This section does not apply to hearings conducted under the conference hearing procedure (§ 12-60.207).

§ 12-60.220

Transcript of proceedings.

Unless the Board otherwise orders, testimony and argument at hearings shall be reported verbatim. Any party to a hearing may buy a transcript of the proceedings at rates fixed by contract between the Board and the reporter, or equivalent rates if the proceedings are reported by an employee of the United States.

§ 12-60.221 Settling the record.

(a) A case which is heard is ready for decision upon receipt of transcript, or upon receipt of briefs when briefs are to be submitted.

(b) A case submitted on the record pursuant to § 12-60.206 is ready for decision when the parties are so notified by the Board. At any time before the date that such a case is ready for decision, either party may, upon good cause shown, supplement the record with documents and exhibits that the Board considers relevant and material.

(c) The Board may, upon its own motion, call upon either party, with appropriate notice to the other, for evidence that it considers relevant and material. The weight attached to any evidence of record is within the discretion of the Board. Either party may at any stage of the proceeding, on notice to the other party, question by objection the relevance or materiality of material in the record or offered into the record.

(d) The Board record consists of the appeal file described in § 12-60.204 and any additional material file with or heard by the Board, except material which the Board strikes or excludes.

(e) This record is at all times available for inspection by either party, upon reasonable prior arrangement, at the office of the Board. Copies of material in the record may, if practicable, be furnished to the appellant upon payment of the established fees for reproduction.

§ 12-60.222 Representation of parties.

An individual appellant may prosecute his appeal in person; a corporation, by an officer, a partnership or joint venture, by a member; and any appellant may be represented by an attorney. The contracting officer is represented by Government counsel.

§ 12-60.223 Settlement.

A dispute may be settled at any time before the decision by the filing of a

upon notice to the parties, make the rules in this part apply, in whole or in part, to any appeal pending under the contract appeal rules of any operating element of the Department of Transportation. However, if any party to such an appeal objects, in writing, within 20 days after receipt of notice, the rules in this part do not apply until the Board expressly finds that their application is just and warranted. The contract appeals rules of each such operating element remain in effect for all appeals pending on the effective date of the rules in this part, except as otherwise ordered by the Board under this section after notice to the parties.

(b) Part 1 of the regulations of the Secretary of Transportation (49 CFR Part 1) is hereby modified to the extent that it is inconsistent with this part.

12B-1.301-1

12B-1.302-1

12B-1.302-3

12B-1.305-6

12B-1.311

12B-1.315

12B-1.315-3

12B-1.317

12B-1.350

Competition. General.

Use of liquidated damages provisions in procurement contracts.

Contract provisions.

Noncollusive bids and pro-
posals.
Patents.

Subpart 12B-1.5-Contingent Fees

12B-1.5005

Scope of subpart.

Definition.

Applicability.

Procedures.

Exercise of options.

Examples of option clauses. AUTHORITY: The provisions of this Part 12B-1 issued under sec. 633, 63 Stat. 545, secs. 2301-2314, 70A Stat. 127-133, as amended, sec. 6(b), 80 Stat. 938; 14 U.S.C. 633, 10 U.S.C. 2301-2314, 49 U.S.C. 1655 (b); 49 CFR 1.4 (a) (2) and (f).

SOURCE: The provisions of this Part 12B-1 appear at 33 F.R. 16202, Nov. 5, 1968, unless otherwise noted.

Subpart 12B-1.0-Regulation System § 12B-1.001

Scope of Coast Guard Procurement Regulations (CGPR).

(a) This Chapter 12B establishes for the Coast Guard uniform policies and procedures relating to the procurement of supplies and services (including construction) and the procurement of real property by lease.

(b) By agreement with the Administrator, General Services Administration (Jan. 17, 1963), the Federal Procurement Regulations (FPR) in Chapter 1 of this title are adopted and are the requirements governing the Coast Guard except as stated otherwise in this chapter. The Federal Procurement Regulations (FPR), as implemented and supplemented by Department of Transportation Procurement Regulations and the Coast Guard Procurement Regulations, are the authorized regulations governing the procurement of supplies and services (including construction) and the procurement of real property by lease by the Coast Guard.

(c) This Subpart 12B-1.0 describes the Coast Guard Procurement Regulations (CGPR) in this Chapter 12B in terms of establishment, authority, applicability, issuance, arrangement, implementation and supplementation of the Federal Procurement Regulations (FPR) in Chapter 1 and the Department of Transportation Procurement Regulations (DOTPR) in Chapter 12 of this title, exclusions, deviations, and other Coast Guard procurement instructions. § 12B-1.002

Purpose.

(a) This Chapter 12B contains the Coast Guard Procurement Regulations