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gotiation, conciliation, or compliance conference or informal hearings.

Sec. 10-60.203 Treasury representation before

General Services Administration Board

of Contract Appeals. 10-60.204 Effective date.

$ 10-12.812 Hearings.

Formal and informal hearings will be conducted in accordance with provisions of $ 60-1.26 of this title.

AUTHORITY: 63 Stat. 390, 40 U.S.C. 486(c); 5 U.S.C. 301.

SOURCE: 32 FR 8676, June 16, 1967, unless otherwise noted.

$ 10-12.813 Sanctions and penalties.

The sanctions described in $ 60-1.27 of this title include ineligibility for qualification and the termination of the qualification of a financial agent, accompanied by the withdrawal of any public funds maintained therein.

$ 10-12.814 Affirmative action compliance

programs. Each financial agent having 50 or more employees is required to develop and maintain a written affirmative action compliance program, as provided in § 60-1.40 of this title, for each of its establishments which has administrative authority over the hiring, promotion, and separation of its personnel. Each affirmative action program will outline specific responsibilities of branch banks in implementation of the central plan.

§ 10-60.100 Treasury contract appeals to

be heard by General Services Adminis

tration Board of Contract Appeals. The General Services Administration Board of Contract Appeals (herein called the Board), with the prior approval of the Administrator of General Services, hereby is designated the authorized representative of the Secretary of the Treasury in hearing, considering, and determining as fully and finally as might the Secretary, all appeals by contractors from final decisions by contracting officers on disputed questions taken pursuant to the provisions of contracts (other than contracts of the Office of the Comptroller of the Currency) requiring the determination of such appeals by the Secretary or his duly authorized representative.

§ 10-12.815 Solicitations and advertise.

ments. Each financial agent shall include in all solicitations or advertisements for employees a statement that all qualified applicants will receive consideration for employment without regard to race, color, religion, sex, or national origin. The alternative types of action which will satisfy this requirement are set forth in $ 60-1.41 of this title.

PART 10-60—PROCEDURES FOR SET

TLING CONTRACT DISPUTE APPEALS

$ 10-60.200 Rules regarding contract dis

pute appeals. The rules and regulations pertaining to the appeal of General Services Administration contract disputes prescribed in or pursuant to Part 5-60 of this title and this part shall govern the appeal of all contract disputes with the Department of the Treasury, or with any bureau, office (other than the Office of the Comptroller of the Currency), division or other agency or subdivision of the Department of the Treasury, except for the rules entitled “Notice of appeal” (Rule 1, § 5-60.201 of this title), “Request, preparation and submission” (pertaining to the appeal file) (Rule 4A(1), § 5-60.204-1 of this title), and “Payment of claims" (Rule 22, § 5-60.224 of this title). Wherever the rules of the GSA Board in Subpart 5-60.2 of this title refer to the General Services Administration (or GSA) or the Administrator or the General Counsel, GSA, there shall be substituted the terms Treasury De

Sec. 10-60.100 Treasury contract appeals to be

heard by General Services Administra

tion Board of Contract Appeals. 10-60.200 Rules regarding contract dispute

appeals. 10-60.201 Notice of appeal. 10-60.201-1 Filing. 10-60.201-2 Forwarding of appeals. 10-60.202 Appeal file.

partment, the Secretary or the General Counsel, Treasury Department, respectively.

$ 10-60.201 Notice of appeal.

$ 10-60.201-1 Filing.

A notice of appeal must be in writing, and shall be filed with the office of the contracting officer from whose decision the appeal is taken. The notice of appeal must be mailed or otherwise filed with the contracting officer within the time specified therefor in the contract, or as allowed in applicable provisions of directives or law.

promptly, and in any event within 30 days, compile and transmit to the General Counsel, Treasury Department, two (2) copies of the appeal file as prescribed in Rule 4A(2), § 5-60.2042 of this title. The General Counsel will submit the appeal file to the Board as promptly as possible after receipt by him of the Board's request therefor, and in any event so as to reach the Board within 45 days after such receipt.

§ 10-60.201–2 Forwarding of appeals.

When a notice of appeal in any form has been received by the contracting officer, he shall endorse thereon the date of mailing and the date of receipt (or the date of receipt only, if otherwise conveyed) and within 20 days shall forward said notice of appeal, together with the envelope in which same was enclosed, to the Board, with a copy to the General Counsel, Treasury Department, Washington, D.C. 20220. Following receipt by the Board of the original notice of appeal (whether through the contracting officer or otherwise), the contractor, the contracting officer, and General Counsel, Treasury Department, will be advised promptly thereof, and the contractor will be furnished a copy of the Board's rules.

$ 10-60.203 Treasury representation before

General Services Administration Board

of Contract Appeals. The General Counsel of the Treasury Department will assure representation of the interests of the Government in proceedings before the General Services Administration Board of Contract Appeals. All officers and employees of the Treasury Department will appear and give testimony as required and will cooperate with the General Services Administration Board of Contract Appeals and Government counsel in the processing of appeals so as to assure their speedy and just determination.

$ 10-60.204 Effective date.

The regulations in this part shall become effective on the date of publication in the FEDERAL REGISTER. The regulations in this part shall apply to all cases now pending or in which appeal from the contracting officer's decision is taken on or after the effective date.

$ 10-60.202 Appeal file.

Following receipt of a notice of appeal, the contracting officer shall

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CHAPTER 12-DEPARTMENT OF

TRANSPORTATION

Page

10 51 54 67 73 74 78

Part
12-1 General.........
12-2 Procurement by formal advertising
12-3 Procurement by negotiation.............
12-4 Special types and methods of procurement
12-5

Special and directed sources of supply.
12-6 Foreign purchases .....
12-7 Contract clauses.....
12-9 Patents, data, copyrights, and recovery of devel-

opmental costs ........ 12-10 Bonds and insurance 12-16 Procurement forms ......... 12-17 Extraordinary contractual actions to facilitate the

national defense 12-18 Procurement of construction 12-26 Contract management..... 12-30 Contract financing 12-50 Service contracts..... 12-60 Contract appeals........... 12-70 Government property..... 12-99 Departmental orders...... Supplement 1–Manual for control of property in posses

sion of contractors........

158 167 169

.......

171 172 173 174 174 179 185 197

198

[blocks in formation]

(for

Subpart 12-1.3—General Policies

12-1.302-3 Contracts between the Govern

ment and Government employees or business concerns substantially owned

or controlled by Government employees. 12-1.305-3 Deviations from Federal specifi

cations. 12-1.305-50 Index to Federal and Depart

ment of Defense Specifications and

Standards. 12-1.306-1 Mandatory use and application

of Federal Standards. 12-1.307-5 Limitations on use of “brand

name or equal" purchase descriptions. 12-1.311 Priorities, allocations and allot

ments. 12-1.313 Records of contract actions. 12-1.315 Use of liquidated damages provi

sions in procurement contracts. 12-1.315-2 Policy. 12-1.318 Disputes clause. 12-1.318-50 Contracting off er's decision

under the disputes clause. 12-1.318-51 Agreement after appeal is

filed. 12-1.318-52 Payment after appeal is filed. 12-1.318-53 Implementation of decisions of

the Contract Appeals Board. 12-1.320 Subcontractor gifts and kick

backs. 12-1.351 Contract number prefixes.

12-1.701-1 Small business concern

Government procurement). 12-1.704 Agency program direction and op

eration. 12-1.704-50 Small business assistance offi.

cer. 12-1.704-51 Small business specialists. 12–1.708 Certificate of competency pro

gram. 12-1.708-2 Applicability and procedure. 12-1.750 Procurement set-asides for small

business when an SBA representative is

not available. 12-1.750-1 General. 12-1.750-2 Review of set-aside recommen

dations initiated by small business spe

cialists. 12-1.750-3 Withdrawal or modification of

set-asides. 12-1.750-4 Contracting authority. 12-1.751 Small business set-aside for pro

posed construction procurements.

Subpart 12-1.8—Labor Surplus Area Concerns

12-1.807 Report on preference procure

ment in labor surplus areas.

Subpart 12-1.9-Reporting Possible Antitrust

Violations

12-1.901 General.

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