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 | CHAPTER 12-DEPARTMENT OF TRANSPORTATION Page 10 51 54 67 73 74 78 Part Special and directed sources of supply. 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 (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. |