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§ 19-16.501 Contract forms.

The forms prescribed in $$ 1-16.101 and 1-16.201 of this title for advertised and negotiated supply contracts shall be used for advertised and negotiated nonpersonal service contracts (other than construction, grant agreements, and small purchases). Narrative type contracts for nonpersonal service contracts shall be used only upon approval of the format by the Agency Contracting Officer.

Subpart 19-16.8—Miscellaneous

Forms

§ 19-16.851-3 Department of Labor form,

SF-99, Notice of Award of Contract. Standard Form 99, Notice of Award of Contract, shall be prepared and submitted to the Department of Labor, Wage and Hour and Public Contracts Division, when contract is subject to the Walsh-Healey Public Contracts Act in accordance with § 112.604(d) of this title or subject to the Service Contract Act of 1965 and the provisions of the Fair Labor Standards Act of 1938, in accordance with $ 112.905-6 of this title.

§ 19-16.802 Bidder's mailing list applica

tion. Whenever a Standard Form 129 is furnished to a prospective bidder, a copy of Agency Form IA-407, Bidder's Commodity and Service Code List

§ 19-16.851-4 Secretary of Labor poster, $ 19-16.860-4 Bidder's Commodity

and Equal Opportunity is the Law.

Service Code List, IA-407. Equal Opportunity is the Law, a Sec- Form IA-407 is prescribed for use in retary of Labor Notice, shall be fur- conjunction with Standard Form 129, nished contractors, subject to Execu- Bidder's Mailing List Application, in tive Order No. 11246, Executive Order accordance with § 19-16.802. No. 11375 and the rules and regula

[35 FR 19017, Dec. 16, 1970. Redesignated at tions of the Secretary of Labor, in ac

43 FR 28494, June 30, 1978) cordance with § 1-12.805.3 of this title. § 19–16.851-5 Department of Labor form,

PART 19-60—DISPUTES AND SC-1 Notice to Employees Working on

APPEALS Government Service Contracts.

Sec. SC-1, Department of Labor form,

19-60.000 Scope of part. shall be furnished contractors performing contract work subject to the

Subpart 19-60.1-Disputes Service Contract Act of 1965, in accordance with $ 1-12.905-1 of this title. 19-60.100 Scope of subpart.

19-60.101 General. $ 19–16.860 International Communication 19-60.102 Determination of issues. Agency forms.

19-60.103 Decision of the contracting offi

cer. This section prescribes International Communication Agency forms to be

Subpart 19-60.2—Appeals used in addition to the standard forms prescribed in Chapter 1, Part 16, of 19-60.201 General. this title in the procurement of sup

19-60.202 Processing appeals. plies and services.

Subpart 19-60.3—Board of Contract Appeals § 19-16.860-1 Supplemental General Pro

19-60.301 Designation of authorized reprevisions, IA-332.

sentative. Supplemental General Provisions,

19-60.302 Agency support. IA-332, shall be used in contracts which incorporate Standard Form 32,

Subpart 19-60.4—Rules in accordance with $ 19-16.104.

19-60.401 Adoption of the rules of the

ASBCA. § 19–16.860-2 Requisition-Purchase Order

19-60.402 Amendment to rules for Agency Invoice for Professional Services, IA- application. 44.

AUTHORITY: Sec. 205(c), 63 Stat. 390; 40 Form IA-44 is prescribed for use by U.S.C. 486(c). media purchasing activities for the

SOURCE: 34 FR 7905, May 20, 1969, unless procurement of professional (talent

otherwise noted. vendor) services related to the translation or narration of colloquial speech $ 19-60.000 Scope of part. in foreign languages. Clearances of vendors in accordance with Section erning the determination of disputes

This part sets forth procedures gov430, Part VIII, Manual of Operation and Administration shall be obtained

arising from Agency contracts and the

delegation of authority to the Armed prior to procuring such services.

Services Board of Contract Appeals

the § 19-16.860-3 Memorandum of Loan, IA

(referred to in this part as

“ASBCA") to hear and decide appeals 431.

of contractors from final decisions of Form IA-431 is prescribed for use to contracting officers arising under disobtain the loan of items from private putes provisions of contracts awarded owners, business firms, and nonprofit by the International Communication institutions for use in the Agency's ex- Agency and the rules applicable to hibit program.

such appeals.

Subpart 19-60.1-Disputes

$ 19-60.100 Scope of subpart.

This subpart sets forth the policy and procedures pertaining to disputes arising under contracts, the review of available facts pertinent to the dispute, and the rendering of a final deci. sion thereon by the contracting officer.

may be appealed in accordance with the provisions of that clause. The decision shall further advise the contractor that appeals must be in writing (in triplicate) and must be mailed or otherwise furnished the contracting officer within the time provided in the disputes clause of the contract or if none is designated within thirty days from the date of receipt of the final decision. See § 1-1.318. The decision will also advise the contractor that the Armed Services Board of Contract Appeals has been designated the authorized representative of the Director for the hearing of such appeals and that the regulations herein recited shall be applicable with regard to the procedure of such appeals before the Board.

§ 19-60.101 General.

Unless otherwise specified in a contract, any dispute concerning a question of fact under a contract shall be decided by the contracting officer who shall reduce his/her decision to writing and mail by certified mail, return receipt requested, or otherwise furnish a copy to the contractor.

Subpart 19-60.2—Appeals

$ 19-60.102 Determination of issues.

Before making a decision, the contracting officer shall consider all oral and written arguments or evidence as the contractor may present in support of his/her claim. He/she shall conduct such investigation as may be necessary to ascertain the facts. Based upon his/ her review of all available facts and advice of legal counsel, he/she shall endeavor to resolve by mutual agreement a satisfactory settlement of the dispute. When questions are settled in this manner, an agreement shall be drawn up in the form of a letter or memorandum for the official records.

§ 19-60.201 General.

An appeal to the ASBCA may be taken from the decision of a contracting officer rendered in connection with disputed questions of fact under contracts when the terms of the contract provide for the determination of such appeals by the Director or his/ her duly authorized representative. When the express terms of the contract provide otherwise, appeals shall be taken in the manner provided.

$ 19-60.202 Processing appeals.

Appeals shall be prepared and submitted as set forth in the Preliminary Procedures, Part 2, Rules of the ASBCA, Appendix A to the Armed Services Procurement Regulations.

Subpart 19-60.3—Board of Contract

Appeals

§ 19-60.103 Decision of the contracting of

ficer. When an agreement cannot be successfully negotiated, the contracting officer with the advice and assistance of the Office of the General Counsel shall render a decision in accordance with the disputes clause of the contract. The decision shall include a statement of the facts under dispute, a statement of the contractor's claim, a statement of the facts upon which the parties agree or disagree, a statement of the contracting officer's final decision, and a statement advising the contractor that decisions on disputed questions of fact and on other questions that are subject to the procedure of the disputes clause of the contract

§ 19-60.301 Designation of authorized rep

resentative. The Armed Services Board of Contract Appeals has been designated the authorized representative of the Director of the International Communication Agency to hear, consider, and determine appeals by contractors from final decisions of contracting officers on disputed questions arising under agency contracts pursuant to provisions of contracts requiring the deter

mination of such appeals by the Director or his/her authorized representative.

$ 19-60.302 Agency support.

The office of the General Counsel shall ensure support by officers and employees of the Agency in processing appeals and ascertaining information to the extent required by the ASBCA and is authorized to require such officers and employees to cooperate in such support.

Subpart 19-60.4-Rules

§ 19-60.401 Adoption of the Rules of the

ASBCA. In acting under this designation, the ASBCA is authorized to follow the rules contained in Appendix A to the Armed Services Procurement Regulations, Title 32 Code of Federal Regulations 30.1, which are hereby adopted as amended.

Services Board of Contract Appeals (Summary of Pertinent Charter Provisions) delete all references to the Secretary of Defense and the Secretaries of the Military Departments and substitute therefor the Jords “Director, International

Communication Agency."

(b) Preface to rules of the Armed Services Board of Contract Appeals (Summary of Pertinent Charter Provisions) delete in its entirety the third paragraph pertaining to the require. ment of the Secretary of Defense or the Secretary of a Military Department to personally render a decision on a matter in dispute based on find. ings and recommendations submitted by the ASBCA.

(c) Preliminary procedures, paragraph 3 (Forwarding Appeals)—after the word “Board" at the end of the first sentence, insert a comma in lieu of the period and add inimediately thereafter the words “through the Office of the General Counsel, International Communication Agency.”

(d) Preliminary procedures, paragraph 4 (Duties of the Contracting Officer)-delete the words "and to the Government Trial Attorney” and add in lieu thereof the words “through the Office of the General Counsel, International Communication Agency."

§ 19-60.402 Amendment to rules for

Agency application. The following amendments to Part 2-Rules of the ASBCA shall be effective whenever such rules pertain to appeals arising from Agency contracts.

(a) Preface to rules of the Armed

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