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PART 6-60—CONTRACT APPEAL

REGULATIONS Sec. 6-60.000 Scope of part. Subpart 6-60.1-Establishment, Authority, and

Organization of the Contract Appeals Board 6-60.101 Establishment of Board. 6-60.102 Authority of Board. 6-60.102–1 Jurisdiction. 6-60.102–2 Authority. 6-60.102–3 Departmental support. 6-60.102-4 Extensions of time. 6-60.103 Organization of the Board. 6-60.103–1 Membership. 6-60.103–2 Disqualification. 6-60.103-3 Permanent secretary. Subpart 6–60.2—Notification of Decision Subject

to Appeal 6-60.201 Notification of decision. 6-60.202 Action of contracting oficer.

Subpart 6–60.3—Appeal Procedure 6-60.301 Filing of notice of appeal. 6-60.302 Form of appeal. 6-60.303 Duties of contracting officer. 6-60.303-1 Transmittal of notice of appeal. 6–60.303—2 Appeal file. 6-60.304 Docketing. 6-60.305 Notice to appellant. 6-60.305-1 Notice of appeal file. 6–60.305–2 Appellants option. 6-60.306 Appellants election of procedure. 6-60.307 Pre-hearing conferences. 6-60.308 Settlements. 6-60.309 Submission of information at

Board's request. Subpart 6–60.4— Procedure for Submission on the

Documentary Record 6–60.400 Procedure for submission on

the documentary record. Subpart 6–60.5—Procedure for Administrative

Hearing 6-60.501 Notice of hearings. 6-60.502 Presiding officer. 6-60.503 Representation. 6-60.504 Absence of parties. 6-60.505 Content of hearings. 6-60.505-1 Nature of hearing. 6-60.505–2 Evidence. 6-60.505-3 Examination of witnesses. 6-60.506 Motions. 6-60.507 Post hearing information.

Subpart 6-60.6—General 6-60.601 Decisions. 6-60.602 Motions for reconsideration. 6-60.603 Transcripts of hearings. 6-60.604 Releases.

AUTHORITY: The provisions of this part 6–60 issued under 63 Stat. 111, as amended; 63 Stat. 377, as amended.

SOURCE: The provisions of this part 6-60 appear in Dept. Reg. 108.503, 28 F.R. 14500, Dec. 31, 1963., unless otherwise noted. $ 6–60.000 Scope of part.

This part relates to the establishment of a Department of State Contract Appeals Board to hear and decide appeals of contractors from decisions of contracting officers arising under the disputes provision of contracts and grants, awarded and performed within the United States, or awarded to U.S. Nationals but performed outside of the United States, or performed outside of the United States by persons or business entities which have a place of business within the United States; and provides for designating the chairman and members of the Board, authorizes the Board to act, and prescribes functions, procedures and responsibilities of the Board and the other parties concerned.

These procedures do not limit the rights of the contractor or the Department of State from referring questions to the General Accounting Office.

Subpart 6–60.1-Establishment, Au

thority, and Organization of the

Contract Appeals Board § 6–60.101 Establishment of Board.

A contract Appeals Board is established in the Department of State to hear and decide appeals of contractors from decisions of contracting officers. The Board is located in the Department of State in Washington, D.C. § 6-60.102 Authority of Board. § 6-60.102–1 Jurisdiction.

There is hereby delegated to the Board the authority to hear, consider and make determinations on appeals arising under contracts which contain provisions requiring the determination of appeals by the head of an agency or his duly authorized representative or board. The Board may in its discretion hear, consider and decide all questions of law and fact necessary for the complete adjudication of the issue.

86-60.102—2 Authority.

$ 6-60.103–1 Membership. The Board shall have authority to take The Board shall be appointed by the such actions as may be necessary to hear Deputy Under Secretary of State for Adand decide appeals, including the taking ministration at such times as may be of testimony and affidavits, the conduct considered necessary and shall consist of hearings, the holding of conferences, of not less than three (3) members, one the dismissal of proceedings, and order- member who shall be from the Legal ing th production of documents and Adviser's Office, who shall be designated other evidence. The failure of a con- chairman. At the discretion of the Deptractor to produce documents and other uty Under Secretary not more than two evidence ordered by the Board may be additional members may be appointed grounds for dismissal of the appeal. who have technical knowledge of the

subject matter of the contract involved.

(31 F.R. 6625, May 4, 1966] 86-60.102–3 Departmental support.

$ 6-60.103–2 Disqualification. The Board is authorized to require De

No member shall be appointed to a partment of State contracting officers

Board if he has participated in the negoand other officials to furnish the Board

tiation, award or administration of the such information, technical data, or

contract, or has any interest directly, or other assistance as the Board may re

indirectly, in the dispute. quire in the performance of its duties.

86-60.103–3 Permanent secretary.

A permanent secretary to the Board 86-60.1024 Extensions of time.

shall be established in the Department. The Board may grant any reasonable

The permanent secretary shall docket

the notice of appeal, receive all official extensions of time except with respect to the notice of appeal, provided, that the

correspondence, and render such other

assistance as the Board may require. views of all parties be considered in the decision to extend time limits.

The permanent secretary shall not par

ipate in the hearings or decisions of $ 6-60.103 Organization of the Board. the Board.

Subpart 6-60.2—Notification of Deci

sion Subject to Appeal

$ 6–60.201 Notification of decision.

A Department of State Contracting
Officer is required to notify a contractor
in writing of a decision subject to appeal
arising on a contract containing such a
dispute provision. The contractor has
the right to appeal the decision to the
Board.
8 6–60.202 Action of the contracting of.

ficer.
It shall be the responsibility of the con-
tracting officer to:

(a) Notify the Contractor in writing
of his decision on a disputed question and
indicate that the decision may be ap-
pealed within 30 days of its receipt.

(b) At the time of notification of final decision, provide the contractor with a copy of the regulations (DOSPR 6-60) concerning contractor appeals to such final decisions.

(c) Certify the date of receipt by the contractor of the notification of final decision.

Subpart 6–60.3—Appeal Procedure

$ 6–60.303–2 Appeal file.

Within 30 days after receipt of the notice of appeal, the contracting officer

shall supply to the Board an appeal file § 6–60.301 Filing of notice of appeal. containing original documents or true

copies thereof pertinent to the appeal. A contractor electing to appeal from a written decision of a contracting officer

The appeal file shall include, but need not

be limited to the following: shall file a written notice of appeal as

(a) The decision from which the approvided in the contract and within the time specified therein.

peal is taken including any related find

ings of fact. $ 6–60.302 Form of appeal.

(b) The contract, invitation for bids, (a) The notice of appeal must be in

pertinent plans, specifications, amendwriting, must identify the decision ap

ments and change orders. pealed from and must specially state that

(c) All correspondence between the the contractor appeals from that deci

parties relating to the dispute. sion. The following information should

(d) Transcripts of any testimony taken be included in the notice of appeal:

in connection with the dispute, in addi(1) The date and number of the con

tion to any affidavits or statements of tract.

any witnesses that were considered by

the contracting officer in reaching his (2) The decision (and the date of re

decision. ceipt of the decision) from which the

(e) Any additional data that may be appeal is taken. (3) The specific findings of the deci.

considered pertinent. sion from which appeal is taken and the $ 6–60.304 Docketing. reason why exception is taken to those

A notice of appeal, when received by findings.

the Permanent Secretary to the Board, (4) The relief sought by the appellant.

will be docketed and assigned a case (b) The notice of appeal should be i

number and the parties will be notified. dated and signed by the contractor, or

Notification to the parties will include a if the contractor is a corporation, by a

copy of the appeal regulations. duly authorized officer of that corporation, and mailed by registered or certi

8 660.305 Notice to appellant. fied mail to, or otherwise filed with, the § 6–60.305-1 Notice of appeal file. contracting officer within 30 days from the date of receipt of the contracting

The Board shall notify the parties of

the existence of an appeal file and shall officer's decision.

advise them of their right to inspect the § 6–60.303 Duties of the contracting of. file. The appeal file and all pertinent ficer.

documents, records and evidentiary mat§ 6–60.303-1 Transmittal of notice of

ter that are to be considered by the appeal.

Board in making its decision shall be

available for inspection by the appellant When a notice of appeal has been re

in the Office of the Permanent Secretary ceived by the contracting officer, he shall

of the Board. However, only persons endorse thereon the date of mailing by having an appropriate security clearance the contractor or, if otherwise filed, the

may have access to any classified madate of receipt by the contracting officer,

terial. and shall immediately forward the notice of appeal, along with the mailing enve

§ 6–60.305–2 Appellants option. lope if received by mail, to the Permanent The appellant shall also be notified at Secretary of the Board for docketing. this same time of his option to have his

appeal considered on the basis of the
documentary record alone or on the basis
of both the documentary record and an
oral hearing.
§ 6–60.306 Appellants election of pro-

cedure.
(a) Within 30 days after receipt of the
notice to appellant, appellant shall indi-
cate to the Board in writing whether he
chooses:

(1) Consideration of his appeal on the basis of the documentary record without an oral hearing, or;

(2) Consideration on the basis of an oral hearing before the Board.

(b) If the appellant fails to advise of his selection of procedure within 30 days after receipt of the “notice to appellant,” the Board will consider the appeal on the basis of the documentary record. $ 6–60.307 Prehearing conferences.

The Board, upon the request of either party, or at its own discretion, may arrange for the holding of a pre-hearing conference by a designated member or members at a time and place specified by the Board to consider the following:

(a) Simplification of the issues;

(b) Possibility of obtaining stipulations, admissions of fact, and agreement respecting the introduction of documents;

(c) Limitation of the number of witnesses;

(d) Such other matters as may facilitate disposition of the appeal. $ 6–60.308 Settlements.

A dispute may be settled at any time before the decision of the Appeals Board by the Contractor filing a written notice withdrawing his appeal or by written stipulation between the contractor and the contracting officer settling the dispute. $ 6–60.309 Submission of information

at Board's request. The Board may at any stage of an appeal proceeding, request either party to furnish any information the Board deems necessary or desirable in connection with its consideration of the appeal. Submission thereof shall be made within a time limit to be specified by the Board. Failure of the contractor to comply may result in dismissal of the appeal.

1

Subpart 6–60.4 Procedure for Sub

mission on the Documentary Record § 6-60.400 Procedure for submission on

the documentary record. If the appellant does not request a hearing before the Board the appeal shall be considered on the documentary record alone. The appellant may submit to the Board any additional relevant data, documents, briefs or other material for the record within 30 days after the date he receives the “notice to appellant,” or within such additional time as may be permitted by the Board. The contracting officer whose decision is appealed shall submit any answering material within 30 days after receipt by the Board of the material submitted by the appellant. Further submission of additional material by either party, and extension of time to submit are permitted at the discretion of the Board.

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