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Subpart 11-60.4/Appeals Hearings require evidence in addition to that

offered by the parties. 8 11-60.400 Where and when held.

§ 11-60.412 Examination of witnesses. (a) Hearings will ordinarily be held in Washington, D.C., except that upon

(a) Witnesses before the Board will request seasonably made and upon good be examined orally under oath or affircause shown, the Board may in its dis- mation, unless the facts are stipulated, cretion set the hearing at another loca

or the Board shall otherwise order. tion. Hearings will be scheduled at the

(b) If the testimony of a witness is discretion of the Board with due con

not given under oath, the Board may, sideration to the regular order of appeals

if it seems expedient, warn the witness and other pertinent factors. However,

that his statements are subject to the the Board may, on its own motion, or on

provisions of Title 18, United States the motion of a party, advance or defer

Code, sections 287 and 1001, and any a scheduled hearing.

other provisions of law imposing penal

ties for knowingly making false repre§ 11-60.403 Notice of hearings.

sentations in connection with claims (a) The parties shall be given at least against the United States or in any mat15 days notice of the time and place set ter within the jurisdiction of any departfor hearings. In scheduling hearings, ment or agency thereof. the Board will give due regard to the 8 11-60.415 Copies of papers. desires of the parties, and to the requirement for just and inexpensive determi

(a) When books, records, papers, or nation of appeals without unnecessary

documents have been received in evidelay.

dence, a true copy thereof or of such part

thereof as may be material or relevant $ 11-60.406 Unexcused absence of a

may be substituted therefor, during the party.

hearing or at the conclusion thereof. (a) The unexcused absence of a party at the time and place set for hearing

§ 11-60.418 Post-hearing briefs. will not be occasion for delay. In the (a) Post-hearing briefs may be subevent of such absence, the hearing will mitted upon such terms as may be agreed proceed and the case will be regarded as upon by the parties and the Board at the submitted by the absent party without conclusion of the hearing. Ordinarily a hearing, as provided in § 11-60.336. they will be simultaneous briefs, ex§ 11-60.409 Nature of hearings.

changed within 20 days after receipt of

transcript. (a) Hearings shail be as informal as may be reasonable and appropriate un

§ 11-60.421 Transcript of proceedings. der the circumstances. Appellant and (a) Testimony and argument at hearappellee may offer at a hearing on the ings shall be reported verbatim, unless merits such evidence as they deem ap- the Board otherwise orders. Transcripts propriate, subject however, to the sound of the proceedings shall be supplied to the discretion of the Board. In general, appellant at such rates as may be fixed admissibility will hinge on relevancy and by contract between the Board and the materiality. Letters or copies thereof, independent reporter. If the proceedings affidavits, or other evidence not ordi- are reported by an employee of the Govnarily admissible under the generally ernment, the appellant may receive tranaccepted rules of evidence, may be ad- scripts thereof under the conditions set mitted in the discretion of the Board. forth in Subpart 1.25 of Title 33, Code The weight to be attached to evidence of Federal Regulations. presented in any particular form will be with the discretion of the Board, taking

§ 11-60.424 Withdrawal of exhibits. into consideration all circumstances of (a) After a decision has become final the particular case.

the Board may, upon request and after (b) Stipulations of fact agreed upon notice to the other party, in its discretion by the parties may be regarded and used

permit the withdrawal of original exas evidence at the hearing. The parties hibits, or any part thereof, by the party may stipulate the testimony that would entitled thereto. The substitution of be given by a witness if the witness were true copies of exhibits or any part there. present. The Board may in any case of may be required by the Board in its discretion as a condition of granting permission for such withdrawal. 8 11-60.427 Representation of parties.

(a) An individual appellant may appear before the Board in person, a corporation, by an officer thereof; a partnership or joint venture, by a member thereof; or any of these, by an attorney at law duly licensed in any State, Commonwealth, Territory, or in the District of Columbia.

(b) The appellee's counsel shall file notices of appearance with the Board, and notice thereof will be given appellant or his attorney in the form specified by the Board from time to time. § 11-60.430 Decisions.

(a) Decisions of the Board shall be made in writing and authenticated copies thereof will be forwarded simultaneously to both parties. The rules under which the Board functions and the Board's final orders and decisions (except those required for good cause to be held confidential and rot cited as precedents) shall be open for public inspection at the offices of the Board, at Coast Guard Headquarters, in Washington, D.C.

(b) Decisions of the Board will be based upon the record.

(c) Whenever at any time it appears that the parties are in agreement as to the disposition of the controversy, the Board may in its discretion, dispose of the controversy in accordance with that agreement. $ 11-60.433 Motion for reconsideration.

(a) A motion for reconsideration, if filed by either party, shall set forth specifically the ground or grounds relied upon to sustain the motion and shall be filed within 30 days from the date of the receipt of a copy of the decision of the Board by the party filing the motion.

PART 11-75-PROCUREMENT

AUTHORITY AND DELEGATIONS
Sec.
11-75.000 Scope of part.
Subpart 11-75.1—Procurement Authority

and Responsibility 11-75.100 Procurement authority. 11-75.101 Procurement responsibility. 11-75.102 General responsibilities. 11-75.102–1 Contracting officer. 11–75.102–2 Other personnel. 11–75.103 Contracting Officers' represent

atives. 11–75.104 Responsibility for assuring the

availability of funds. 11-75.105 Standards of conduct. Subpart 11-75.2-Designation of Contracting

Officers 11-75.200 Scope of subpart. 11-75.201 Designation of Contracting Of

ficers. AUTHORITY: The provisions of this part 11-75 issued under 14 U.S.C. 633, 10 U.S.C. Ch. 137.

SOURCE: The provisions of this Part 11-75 contained in CGFR 63-52, 28 F.R. 12093, Nov. 13, 1963, unless otherwise noted.

§ 11-75.101 Procurement responsibil

ity.

(a) The Secretary of the Treasury has | designated the Commandant to be responsible for the procurement policies and activities of the Coast Guard.

(b) The administration of procurement policies and activities as determined by the Commandant has been delegated to the Comptroller, who is designated as the chief officer responsible for procurement.

(c) In accordance with the authority contained in the act, and subject to the limitations set forth in this title, designated Coast Guard Contracting Officers are authorized to enter into contracts on behalf of the Government and in the name of the United States of America, by formal advertising, or by negotiation, or by procurement within the Government as hereinafter provided, for supplies and services required for the Coast Guard.

(d) Designated Contracting Officers who relieve or succeed previously designated Contracting Officers will assume administration of, make changes and/or modifications to contracts which were entered into by the previously designated Contracting Officer(s) of the activity to which they are assigned.

§ 11-75.000 Scope of part.

This part sets forth procurement authority, designation of contracting officers and the general authorities and responsibilities of such officers.

Subpart 11-75.1— Procurement

Authority and Responsibility § 11-75.100 Procurement authority.

The basic authority for procurement for the Coast Guard is contained in Chapter 137, Title 10, U.S.C., as amended. This authority applies to the purchase and contract to purchase of all supplies and services authorized for operation of the Coast Guard or as specifically authorized in appropriation acts or other laws.

§ 11-75.102 General responsibilities. [CGFR 64-33, 29 F.R. 11159, Aug. 1, 1964) § 11-75.102-1 Contracting officer.

(a) Contracting Officers are primarily responsible for assurance that contracts are authorized by law, for the execution and administration of contracts, for safeguarding the interest of the United States in contractual relationships, and for determining the facts under contracts.

(b) Contracting Officers shall personally sign all contracts and modifications entered into by them, except as provided in § 11-75.103(b) (1). The signing of original contractual documents shall not be accomplished by facsimile stamps or by proxy. However, the use of reproduced signatures on reproduced copies after the Contracting Officers have manually signed the master and other originals, is acceptable.

(c) Contracting Officers are responsible for the legal, technical, and administrative sufficiency of the contracts they make. To this end, they shall secure legal, technical, and financial advice as necessary for the proper execution of their duties. (CGFR 63–52, 28 F.R. 12093, Nov. 13, 1963, as amended by CGFR 64-33, 29 FR. 11159, Aug. 1, 1964)

§ 11-75.102–2 Other personnel.

(a) Personnel, other than the contracting officer, who determine type, quality, quantity, and delivery requirements for items to be purchased, can influence the degree of competition obtainable as well as having a material effect upon the price.

(b) Where it is determined that delinquency in delivery and uneconomical prices may occur as a result of failure to finalize requirements in sufficient time to allow:

(1) A reasonable period for preparation of request for proposals; or

(2) A reasonable period for preparation of quotations by offerors; or

(3) Sufficient time for contract negotiation and preparation; or

(4) Adequate delivery time, the contracting officer will request a statement of justification to substantiate the contract file from the oficial(s) responsible for initiating the requirement. (CGFR 64–33, 29 F.R. 11159, Aug. 1, 1964)

the terms of the contractual instrument involved. In no event shall an authorized representative, by virtue only of his designation as such, be empowered to execute or agree to any contract or modification thereof; any powers which a Contracting Officer has authority to delegate must be specifically included as a part of, or supplemental to, the designation.

(1) A Contracting Officer may empower his authorized representative, without redelegation of contracting authority, to issue change orders within the general scope of the contract provided such change orders do not involve a change in unit price, total contract price, quantity, quality, or delivery schedule. Deviations from this policy require approval of the chief officer responsible for procurement. Request for such deviations will set forth in detail the scope and limitations of authority which it is desired to delegate.

(2) A Contracting Officer may assign administration of a specific contractual instrument to another Contracting Officer, provided the assignee Contracting Officer's delegated authority permits, and the contractor shall be so notified. Such an assignment shall define the extent to which part or all of the original Contracting Officer's authority is transferred but shall not pass on to the successor any authorities which would exceed the limitations imposed on the successor by existing directives. § 11-75.104 Responsibility for assuring

the availability of funds. Prior to the incurrence of an obligation, Contracting Officers shall assure themselves that adequate funds are available. § 11-75.105 Standards of conduct.

All personnel engaged in procurement and related activities shall conduct business dealing with industry in a manner above reproach in every respect. Transactions relating to expenditure of public funds require the highest degree of public trust to protect the interest of the Government. While many Federal laws and regulations place restrictions on the actions of Governmental personnel, the latter's official conduct must, in addition, be such that the individual would have no reticence about making a public disclosure thereof.

§ 11-75.103 Contracting Officers' repre

sentatives. (a) A Contracting Officer may designate qualified Coast Guard military and civilian personnel of not less than 21 years of age as his authorized representatives. Such designation shall be in writing and shall define the scope and limitations of the authorized representative's authority.

(b) A designation may be made by instructions referring to a particular contractual instrument or categories of instruments and may empower the authorized representative to take any or all action thereunder which could lawfully be taken by the Contracting Officer to the extent not specifically prohibited by

(2) Unforeseen requirements for industrial work orders when the delay in effecting procurement from regular sources of supply would not be economically feasible, not to exceed $2,500.

(3) Emergency procurement of supplies and services necessary for operational requirements, preservation of government property, safety and/or welfare of human life, not exceeding $2,500.

(4) Procurement of provisions required for operation of a general mess, not to exceed $2,500.

Subpart 11-75.2-Designation of

Contracting Officers § 11-75.200 Scope of subpart.

This subpart sets forth specific designations as Contracting Officers, redelegation authorities and limitations therefor. § 11-75.201 Designation of Contracting

Officers. (a) Chief officer responsible for procurement. The chief officer responsible for procurement may designate such qualified employees as Contracting Officers, as he deems appropriate within monetary and other limitations as specifically set out in the designation of authority in addition to the designations set forth in this § 11-75.201.

(b) Coast Guard Headquarters. The Chief and Assistant Chief of the Procurement Branch, Supply Division, are designated as Contracting officers for all types of contracts.

(c) Field units. District Commanders and Commanding Officers of Headquarters units are designated as Contracting Officers for fixed price contracts with authority to delegate such authority to officers assigned to finance and supply duty and/or qualified civilian employees of not less than 21 years of age assigned within their respective commands as they deem necessary and appropriate. Designations of Contracting Officers with authority in excess of limitations imposed in this Chapter 11 will be as specifically authorized in individual letters of designation by the chief officer responsible for procurement.

(d) Limited purchasing authority.

(1) Not exceeding $250 for supplies and services.

(5) Procurement not exceeding $2,500 for supplies or $2,000 for services authorized under small purchase procedures as deemed necessary may be delegated to qualified personnel assigned to duty as supply officer or purchasing clerk.

(e) Ordering officers. Designated Contracting Officers may designate qualified Coast Guard military and civilian personnel of not less than 21 years of age within their supply support area as ordering officers for the purpose of placing orders under contracts and upon other Government sources subject to monetary limitations and procedural requirements as may be prescribed by the designating official or by other regulations and laws; provided, however, that firm fixed prices are established by the related contract or schedule and the contractor is bound by the terms of the contract or schedule to accept orders thereon. (CGFR 63–52, 28 F.R. 12093, Nov. 13, 1963, as amended by CGFR 64-33, 29 F.R. 11159, Aug. 1, 1964)

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