Contract Appeals Panel to consider the appeal, notify the contractor of such designation, and supply to him copies of such relevant factual material in the possession of the Government as the Chairman may deem to be desirable in order to assist the contractor to develop his case. In cases of unusual complexity, more than one member may be designated.

§ 2-60.9 Consideration without oral hearing.

If an oral hearing has not been requested in the appeal the member designated by the Chairman will consider the appeal upon the basis of written material, together with such brief as the contractor may desire to submit. member will instruct the contractor with respect to the time within which such brief may be submitted.

§ 2-60.10 Notice of hearing.

The

If an oral hearing has been requested, the member to whom the appeal has been assigned will fix the time when and the place where such hearing will be conducted and will give the contractor at least 15 days' notice thereof in writing. In fixing a time and place for such hearing, the convenience of the parties will be considered. Ordinarily, hearings will be held at the headquarters of the Agency, in Washington, but they may be held at such other place as may be determined by the member conducting the hearing.

§ 2-60.11 Absence of contractor.

In the event of the unexcused absence of the contractor or his representative at the time and place set for an oral hearing, the appeal will be deemed to have been submitted without oral testimony or argument on behalf of the contractor, and will be considered by the member conducting the hearing without further proceedings.

§ 2-60.12 Scope and nature of hearing.

At an oral hearing the member presiding will receive evidence and arguments presented by or on behalf of the contractor. Evidence will not be presented on behalf of the Government. The questions raised by the appeal will be considered de novo, and the Administrator will not be bound by the findings of fact of the contracting officer, although he may adopt them in whole or in part. Hearings will be as informal as

may be reasonably permitted under the circumstances. The contractor, or his representatives, may offer at a hearing such evidence or argument as they deem appropriate, subject to the exercise of reasonable discretion by the presiding officer as to the extent and manner of presenting such argument. In the event that the contractor desires to submit additional evidence or argument subsequent to an oral hearing, he will be permitted to do so within a time limit fixed by the presiding officer. In some instances, the evidence presented may be insufficient to permit the formulating of a recommendation. In such cases, the member conducting the hearing may require additional information to be submitted.

§ 2-60.14 Examination of witnesses.

Witnesses will not be required to testify under oath; however, if the circumstances so warrant, the member presiding at the hearing may warn the witness that his statements may be subject to the provisions of Title 18, U.S.C., sec. 287, 1001; and any other provisions of law imposing penalties for knowingly making false representations in connection with matters under consideration by Federal agencies. All witnesses will be subject to examination by the member conducting the hearing. Witnesses may then be re-examined by the contractor, or his counselor or other authorized representative.

§ 2-60.20

Motions for rehearing.

In most instances, the decision of the Administrator as to questions of fact, by the terms of the contract involved, are final and conclusive and binding on the parties thereto. Motions for rehearing or reconsideration will not be considered unless based upon evidence not previously available to the contractor or considered by the member to whom the appeal was assigned, in making his recommendation to the Administrator. Such motions must be filed within a reasonable period of time from the date of receipt of the Administrator's decision and shall set forth specifically the grounds relied upon.

§ 2-60.21 Modification of rules.

The rules contained in this part are intended to render the contract appeals procedure just and simple and to prevent unjustifiable expense and delay. They may be relaxed or modified by the member conducting the hearing in the interests of justice and the expeditious settlement of disputes.

Sec.

PART 3-75-DELEGATIONS OF AUTHORITY

Subpart 3-75.1-General Delegation

3-75.101 Authority delegated.

Subpart 3-75.2-General Delegation Delegatees and Specific Limitations

3-75.201
3-75.201-1 Redelegations.

Food and Drug Administration.

3-75.202 Office of Education.

3-75.203

3-75.204 3-75.205

3-75.205-1

3-75.206

3-75.207

Office of Vocational Rehabilita-
tion.

Saint Elizabeths Hospital.
Public Health Service.

Bureau of Medical Services. Social Security Administration. Office of Field Administration. 3-75.207-1 Redelegations. 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.

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:

and (13), or to make advance payments under section 305.

(ii) Purchase or contract for supplies, equipment, or services of an administrative nature for headquarters offices which are obtained through the Procurement and Supply Management Branch, Division of General Services, Office of Administration.

(iii) Make the necessary determinations and decisions specified in section 302(c) (11) for contracts in excess of $25,000.

(c) Authority delegated in this section may be redelegated by the Commissioner and Assistant Commissioner for Administration in full or in part to officials in the Food and Drug Administration. However, such redelegation must be reported immediately to the Office of Administration.

(a) Authority delegated in § 3-75.201 is redelegated as follows:

(1) To directors of districts of the Food and Drug Administration.

(2) To management assistants or administrative officers responsible for business operations in districts of the Food and Drug Administration.

(b) Authority redelegated in this section is limited as follows:

(1) The authority to make final determinations or final decisions with respect to individual purchases or contracts, or with respect to classes of purchases or contracts, as provided in section 307 of the Federal Property and Administrative Services Act of 1949, shall be exercised in accordance with policies, procedures, limitations, and controls prescribed and supplemented by instructions issued by the Procurement and Property Branch, Division of General Services, Food and Drug Administration.

(2) No authority is redelegated to:

(i) Negotiate any contract or issue any purchase order in excess of the amount of $1,000, except purchase orders issued against Federal Supply Schedule Contracts or General Services Administration Stores Depots.

(ii) Issue any suborder in excess of the amount of $100 against any blanket purchase order issued, or blanket contract negotiated.

(iii) Make any contract under section 303 of the Federal Property and Administrative Services Act.

(1) Commissioner.

(2) Deputy Commissioner.

(3) Executive Officer.

(4) Fiscal Management Officer. (b) Authority delegated in this section is limited as follows:

(1) No authority is delegated to:

(i) Negotiate purchases or contracts under sections 302(c) (1), (2), (3), (6), (7), (8), (9), (12), (13), and (14) or to make advance payments under section 305.

(ii) Purchase or contract for supplies, equipment, or services of an administrative nature for headquarters offices which are obtained through the Procurement and Supply Management Branch, Division of General Services, Office of Administration.

(iii) Make the necessary determinations and decisions specified in section 302(c) (11) for contracts in excess of $25,000.

(c) Authority delegated in this section may be redelegated by the Commissioner in full or in part to officials in the Office of Education, except for negotiation under section 302 (c) (11). However, such redelegation must be reported immediately to the Office of Administration.

(1) Director.

(2) Deputy Director.

(3) Assistant Director, Management Services.

(4) Chief, Division of Personnel and Administrative Services.

(b) Authority delegated in this section is limited as follows:

(1) No authority is delegated to:

(i) Negotiate purchases under section 302(c) (1), (2), (8), (9), (12), (13). and (14) or to make advance payments under section 305.

which are obtained through the Procurement and Supply Management Branch, Division of General Services, Office of Administration.

(iii) Make the necessary determinations and decisions specified in section 302 (c) (11) for contracts in excess of $25,000.

(c) Authority delegated in this section may be redelegated by the Director in full or in part to officials of the Office of Vocational Rehabilitation. However, such redelegation must be reported immediately to the Office of Administration.

§ 3-75.204 Saint Elizabeths Hospital. (a) Authority stated in § 3-75.101 is delegated to:

(1) Superintendent.

(2) Assistant Superintendent. (3) Executive Officer.

(4) Administrative Officer.

(5) Chief, Purchasing Section.

(6) Assistant Chief, Purchasing Section.

(b) No authority is delegated to negotiate purchases or contracts under section 302(c) (1), (5), (6), (7), (8), (11), (12), (13), and (14) or to make advance payments under section 305.

(c) Authority delegated in this section may be redelegated by the Superintendent in full or in part to officials of Saint Elizabeths Hospital. However, such redelegation must be reported immediately to the Office of Administration.

§ 3-75.205

Public Health Service.

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

(1) Surgeon General.

(2) Deputy Surgeon General.

(3) Executive Officer.

(4) Assistant Executive Officer. (5) Chief, Division of Administrative Services.

(b) Authority stated in § 3-75.101 to negotiate contracts under Title III, section 302(c) (11), Public Law 152, 81st Congress, as amended, is delegated to: (1) Chief, Supply Branch, Division of Administrative Services.

(2) Director, National Institutes of Health.

(3) Chief, Supply Management Branch, National Institutes of Health.

(4) Head, Research Contracts Section, National Institutes of Health.

(5) Assistant Head, Research Contracts Section, National Institutes of Health.

(6) Executive Officer, Bureau of State Services.

(7) Assistant Executive Officer, Bureau of State Services.

(8) Chief, Contract Branch, Bureau of State Services.

(9) Chief, Contract Branch, Bureau of State Services, also will exercise the above cited authority for the Bureau of Medical Services and the Office of the Surgeon General.

(c) Authority delegated in this section is limited as follows:

(1) No authority is delegated to: (i) Negotiate purchases or contracts under section 302(c) (12), or to make advance payments under section 305.

(ii) Purchase or contract for supplies, equipment, and services of an administrative nature for headquarters offices which are obtained through the Procurement and Supply Management Branch, Division of General Services, Office of Administration.

(iii) Make the necessary determinations and decisions specified in section 302(c) (11) for contracts in excess of $25,000.

(iv) Make the necessary determinations or decisions specified in section 302(c) (13).

(d) Authority delegated in this section may be redelegated by the Surgeon General and the Chief, Division of Administrative Services, in full or in part to officials in the Public Health Service, except for negotiation under section 302 (c) (11). However, such redelegation must be reported immediately to the Office of Administration. § 3-75.205-1

Bureau of Medical Serv

ices. Pursuant to authority vested in the Chief, Division of Administrative Services, the officials occupying the following positions in the Area Offices of the Division of Indian Health, Bureau of Medical Services, are authorized to negotiate and award contracts for architectural and engineering services for bridges, roads, sidewalks, sewers, mains, or other similar items, regardless of construction costs, and for any public building or public improvement when the construction cost is estimated to be less than $200,000; and to advertise and award contracts for construction of Indian health sanitation facilities pursuant to Public Law 86-121; and to advertise and award contracts for construction of Indian health facilities (other than