Page images
PDF
EPUB

CHAPTER 22—COMMUNITY SERVICES

ADMINISTRATION

Part 22-1 22-60

General..........
Contract appeals...

Page

24 27

23

30-110 ()-78-3

PART 22-1-GENERAL

Subpart 22-1.0— Introduction

Sec. 22-1.000 Scope of part.

Subpart 22-1.0—Introduction

22-1.001 Scope of subpart. 22-1.002 Purpose. 22-1.003 Authority. 22-1.004 Applicability. 22-1.004-1 (Reserved) 22-1.004-2 Relationship to the FPR. 22-1.004-3 Description. 22-1.004-4 Interim applications. 22-1.005 Exclusions. 22-1.006 Issuance. 22-1.006-1 Code arrangement. 22-1.006-2 Publication. 22-1.006-3 Copies. 22-1.007 Arrangement. 22-1.007-1 General plan. 22-1.007-2 Numbering. 22-1.007-3 Citation. 22-1.008 Agency implementation. 22-1.008-1 Suffixes. 22-1.009 Deviations.

AUTHORITY: 63 Stat. 377, sec. 602, 78 Stat. 528; 41 U.S.C. 201 note, 42 U.S.C. 2942.

$ 22-1.001 Scope of subpart.

This subpart sets forth introductory information pertaining to the Community Services Administration Procurement Regulations (herein identified as CSAPR). It explains the purpose of the CSAPR, the authority under which they are issued, their relationship to the Federal Procurement Regulations, and their applicability, method of issuance, exclusions, and arrangement. It also outlines procedures for implementing, supplementing, and deviating from the FPR. § 22-1.002 Purpose.

The Federal Procurement Regulations, as implemented, supplemented, or deviated from by the Community Services Administration Procuremert Regulations set forth in this chapter, are hereby designated as the authorized regulations governing the procurement of property, rights, and services (including construction) necessary to the operations of the Community Services Administration, Executive Office of the President. § 22–1.003 Authority.

(a) The Community Services Administration Procurement Regulations (CSAPR) are prescribed pursuant to Title III of the Federal Property and Administrative Services Act of 1949 (63 Stat. 377), as amended, and section 602(n) of Pub. L. 88-452, as amended and the authority delegated to the Director of Contracts.

(b) Procurement instructions and procedures which are necessary to implement, supplement, or deviate from the FPR, will be issued in the CSAPR by the Director of Contracts, when necessary to accomplish Community Services Administration procurement objectives. $ 22-1.004 Applicability. § 22-1.004-1 (Reserved) $ 22-1.004-2 Relationship to the FPR.

Material published in the FPP. which has Government-wide applicability, becomes effective throughout

SOURCE: 31 FR 13001, Oct. 6, 1966, unless otherwise noted.

§ 22-1.000 Scope of part.

This part establishes a system of procurement regulations and procedures applicable to procurement of property, rights and services (including construction) necessary to the operations of the Community Services Administration, Executive Office of the President. This system is based upon the Federal Property and Administrative Services Act of 1949, and is comprised of the Federal Procurement Regulations (referred to herein as FPR), and Community Services Administration, Procurement Regulations (referred to herein as CSAPR, which are hereby established;. This part describes the method by which the Community Services Administration implements, supplements, and may deviate from the FPR, and sets forth policies and procedures which iinplement and supplement the FPR.

the Community Services Administration upon the effective date cited in the particular FPR material. Such material generally will not be repeated, paraphrased, or otherwise stated in CSAPR except to the extent necessary to supplement, implement, or deviate from the FPR.

(3) Policies and procedures pertaining to other functions of the Community Services Administration as well as to procurement functions, and where there is need to make the issuance available to all Community Services Administration employees concerned.

(4) Where speed of issuance is essential, and numerous changes required in this Chapter 22 cannot be made promptly.

(b) Procurement policies and procedures issued under the authority of paragraph (a)(3) and (4) of this section will be codified into this Chapter 22 at the earliest practicable date, but in any event not later than six months from date of issuance.

§ 22-1.004-3 Description.

The meanings of CSAPR "implementation,” “supplementation,” and "deviation” from the FPR includes the following:

(a) “Implementation" means a part, subpart, section, etc., which treats the policies and procedures of a similarly numbered portion of the FPR in greater detail or indicates the manner of compliance, including any deviations. However, material in this Chapter 22 which differs from material in Chapter 1 of this title (FPR) shall be regarded as a deviation only if explicitly reference to be a deviation. (b)

“Supplementation” CSAPR coverage of matters which have no counterpart in the FPR.

(C) "Deviation” is defined in FPR 11.009-1.

§ 22-1.006 Issuance.

§ 22-1.006-1 Code arrangement.

Community Services Administration Procurement Regulations which basically or significantly implement, supplement or deviate from the Federal Procurement Regulations, Chapter 1 of this Title 41 of the Code of Federal Regulations, will be published as this Chapter 22 of this Title 41, Code of Federal Regulations.

means

[blocks in formation]

eral Procurement Regulations and conform with FEDERAL REGISTER standards approved for the FPR.

dividual programs will be identified by alphabetical suffixes to the appropriate digit 22 part, subpart, section, and subsection. Such suffixes will be assigned when regulations of this type are issued.

§ 22-1.007-2 Numbering.

(a) This Chapter 22 has been allocated to the Community Services Ad. ministration for implementing, supplementing, and deviating from Chapter 1 of this Title 41 CFR, the Federal Procurement Regulations.

(b) Where the CSAPR implements (or deviates from) a part, subpart, section, or subsection of the FPR, the implementing part, subpart, section, or subsection of CSAPR will be numbered (and captioned) to correspond to the part, subpart, section, or subsection of Chapter 1 of this title, CFR, the FPR.

(c) Where the subject matter contained in a part, subpart, section, or subsection of FPR requires no implementation, the CSAPR will contain no corresponding part, subpart, section, or subsection number and the subject matter as published in the FPR governs.

(d) CSAPR's which supplement the FPR will be assigned an appropriate number and title different from any assigned to an FPR.

§ 22-1.009 Deviations.

Deviations from the FPR and CSAPR shall be kept to a minimum and controlled as follows:

(a) Deviations in both individual cases and classes of cases must be approved in advance by the Director of Contracts. Requests for approval of such deviations may be initiated by Contracting Officers. They shall be submitted to the Director of Contracts. Requests shall cite the specific parts of the FPR and CSAPR from which it is desired to deviate, shall set forth the nature of the deviations, and shall give the reasons for the action requested.

(b) If a requested deviation is considered appropriate, approval will be accomplished as follows:

(1) Where the deviation applies to an individual case, approval will be granted by memorandum addressed to the requesting officer with copies to interested offices. The contract file of the requesting office shall include a copy of the request and approval.

(2) Where the deviation applies to a class of cases, necessary coordination with the General Services Administration will be accomplished by the Director of Contracts. Such class deviations will be issued as a part of CSAPR.

(3) Where circumstances preclude the obtaining of prior concurrence of the GSA, to a class of cases, the Director of Contracts may authorize a devi. ation. In such an instance, the Director of Contracts shall inform the GSA of the deviation and circumstances under which it was required.

(c) The requesting office will be noti. fied by memorandum, with copies to other interested offices, whenever a requested deviation is disapproved.

(d) in emergency situations involving individual cases, deviation approvals may be processed by telephone and later confirmed in writing.

(e) Requests for deviations may be made at any time. New FPR issuances

§ 22-1.007-3 Citation.

The Community Services Administration Procurement Regulations will be cited in accordance with FEDERAL REGISTER standards approved for the FPR. Thus this section, when referred to in sections of the Community Services Administration Procurement Regulations, should be cited as "$ 221.007-3 of this chapter.” When this section is referred to formally in official documents, such as legal briefs, it should be cited as “41 CFR 22-1.0073." Any section of Community Services Administration Procurement Regulations may be informally identified, for purposes of brevity, as CSAPR fol. lowed by the section number, i.e., “CSAPR 22-1.007-3."

§ 22-1.008 Agency implementation.

$ 22-1.008-1 Suffixes.

CSAPR's which may be issued to provide for special requirements of in

tracts entered into by the Community Services Administration.

should be reviewed upon receipts, so that requests for deviations can be acted upon prior to the effective date, whenever practicable.

PART 22-60—CONTRACT APPEALS

Sec. 22-60.000 Scope of part. 22-60.001 Definitions.

Subpart 22-60.1-Board of Contract Appeals

Establishment and Functions

22-60.101 Scope of subpart. 22-60.102 Determination of appeals. 22-60.103 Establishment and membership

of the Board. 22-60.104 Functions of the Board.

Subpart 22-60.2-Appeal Procedures

22-60.201 Scope of subpart. 22-60.202 Notice to contractor of appeals

procedures. 22-60.203 Filing of notice of appeal. 22-60.204 Form and content of notice of

appeal. 22-60.205 Duties of the Contracting Offi

cer. 22-60.206 Designation of Board, delegation

of final decision power; appeal file. 22-60.207 Optional procedure for appeals. 22-60.208 Submission without a hearing. 22-60.209 Settlement; withdrawal of

appeal. 22-60.210 Pre-hearing conference. 22-60.211 Hearings. 22-60.211-1 Notice and where held. 22-60.211-2 Representation. 22-60.211-3 Absence of parties. 20-60.211-4 Nature of hearings; evidence. 22-60.211-5 Examination of witnesses. 22-60.211-6 Copies of documents. 22-60.211-7 Posthearing briefs. 22-60.211-8 Transcript of proceedings. 22-60.211-9 Withdrawal of exhibits. 22-60.212 Submission of additional infor

mation at Board's request. 22-60.213 Communications between parties

and the Board; evidence of service. 22-60.214 Findings, recornmendations, and

decision. AUTHORITY: 42 U.S.C. 2942(n).

SOURCE: 31 FR 6625, May 4, 1966, unless otherwise noted.

$ 22-60.001 Definitions.

As used in the contract appeal regulations in this part:

(a) “Assistant Director" means the Assistant Director for Management of the Community Services Administration.

(b) “Board" means the Board of Contract Appeals established pursuant to the regulations in this part and included individual members of the Board exercising the powers of the full Board in connection with prehearing conferences and hearings at which they have been designated to preside pursuant to § 22-60.210 or $ 22-60.211.

(C) “Contracting Officer" means the contracting officer or administrative or successor contracting officer designated under a Community Services Administration contract from whose decision an appeal has been taken under the “Disputes" clause of the contract.

(d) “General Counsel" means the General Counsel of the Community Services Administration or any attorney in the General Counsel's Office who has been designated to represent the Government as respondent in connection with an appeal under the regulations in this part.

(e) “Parties,” “Appellant,” and Government” include duly authorized attorneys and other representatives appearing for the parties, the ap. pellant, or the Government in connection with an appeal under the regulations in this part.

Subpart 22-60.1-Board of Contract

Appeals Establishment and Functions

§ 22-60.101 Scope of subpart.

This subpart describes the establishment, membership, and functions of the Board of Contract Appeals of the Community Services Administration.

$ 22-60.000 Scope of part.

This part established policies and procedures regarding appeals from decisions of contracting officers filed pursuant to “Disputes" clauses of con

§ 22-60.102 Determination of appeals.

Determination of appeals from decisions of contracting officer shall be made by the Assistant Director after receipt of findings and recommenda

« PreviousContinue »