Hearings before the Board will be as informal as may be reasonably permitted under the circumstances. Hearings are held primarily for the purpose of listening to the presentation of both parties and serve as a basis for developing the Board's decision or recommendation. The parties involved may offer such relevant evidence or argument as they deem appropriate subject, however, to the exercise of reasonable discretion by the presiding member of the Board in supervising the extent and manner of presentation of such evidence. The weight to be attached to evidence presented in any particular form will be determined by the Board.

§ 5-60.211

Examination of witnesses.

Witnesses at hearings before the Board will not be required to testify under oath. However, if the circumstances so warrant, the presiding officer may warn the witness that his statements may be subject to the provisions of Title 18, U.S.C. secs. 287, 1001, and any other provisions of law imposing penalties for knowingly making false representations in connection with claims against the United States or in any matter within the jurisdiction of any department or agency thereof. All witnesses may be examined or cross-examined by the presiding member or other members of the Board, the parties, or their representatives. § 5-60.212 Copies of papers.

Copies of papers, books, records, or documents will be accepted as evidence in lieu of submission of the original documents where such submission is not practicable. After a decision has become final, such copies of documents as are not needed for the official file will be returned to the parties entitled to them. § 5-60.213 Transcript of proceedings. Testimony at hearings shall be reported verbatim unless the Board other

An appellant may appear before the Board in person, may be represented by counsel, or by any other duly authorized representative.

§ 5-60.215 Submission of additional information.

If the parties involved desire to submit additional argument or evidence subsequent to a hearing before the Board, they will do so within a period of time set by the presiding officer not in excess of 30 days. When such material is filed by either party involved, the Board will make this material available to the other party. An opportunity for rebuttal shall be given within a time limitation fixed by the presiding officer. In some instances, the Board may require that additional material be presented in order to make a just decision or recommendation.

The decision of the Board will be made in writing and will be accompanied by a report containing the pertinent factors which formed the basis for the decision. The appellant will be notified of the Board's decision by letter. The appellant and the appropriate administrative officials of the General Services Administration will be furnished copies of the decision, including the report. In certain instances, where the circumstances warrant, the decisions of the Board will be in summary form. In those instances where the Administrator of General Services reserves the right to make the decision, the appellant will be notified by a letter signed by the Administrator accompanied by a copy of the findings and recomendations made by the Board or otherwise appropriately documented.

§ 5-60.219 Optional accelerated procedure for cases involving small sums. An appeal involving relatively small sums of money (not in excess of $5,000) shall be processed under this rule at the request of or upon the written approval of the appellant subject to the concurrence of the affected constituent element of the General Services Administration. For purposes of this rule, the amount involved in an appeal shall be the difference between the amount of the appellant's claim as stated in this complaint and the amount, if any, determined by the decision from which the appeal is taken.

(a) The appeal will be decided by a single designated member of the Board who shall have, for this purpose, all the authority and power of the full Board to hear, consider, determine, and reconsider the matter.

(b) The appeal shall be deemed submitted for decision on the record unless the appellant, or the Government, within 10 days after the appellant's receipt of the Government's answer to the appeal. requests the Board to schedule an oral hearing.

§ 5-60.220 Payment of claims.

In cases where the Board finds in favor of the appellant, claims shall not be paid by the Office of Financial Management, OFA, General Services Administration, before 30 days after the date of the Board's decision unless, prior thereto, the Director of Financial Management is notified that the Government does not intend to request reconsideration of the appeal. If the Government requests reconsideration, payment shall be withheld pending the Board's final ruling on the matters involved in such request.

particular procurement policy or procedure is identified by the same number in both the Federal Procurement Regulations and the ICAPR except that the first digit of the number is either 1 (meaning Federal Procurement Regulations) or 7 (meaning the ICA Procurement Regulations).

(b) Where the ICAPR implements a part, subpart, section or subsection of the FPR, the implementing part, subpart, section or subsection of the ICAPR will be numbered and captioned to correspond to the FPR part, subpart, section or subsection concerned.

(c) Where the ICAPR supplements the FPR and thus deals with subject matter having no counterpart in the FPR, the numbers in the group 50 through 99 will be assigned to the respective suplementing part, subpart, section or subsection.

(d) Where the subject matter contained in the part, subpart, section or subsection of the FPR requires no implementation to adapt it to ICA procurement requirements, the ICAPR will contain no corresponding part, subpart, section or subsection. Therefore, there will be gaps in the ICAPR of part, subpart, section or subsection numbers; in such cases, reference must be made to the FPR part, subpart, section or subsection for policy and procedure applicable to ICA procurement.

These regulations shall be referred to as the ICA Procurement Regulations. They will be cited in the same manner as the Federal Procurement Regulations are cited. Thus, this section, when referred to in divisions of the ICA Procurement Regulations, should be cited as "7-1.1053 of this chapter." When this section is referred to formally in official documents, such as legal briefs, it should be cited as "41 CFR 7-1.105-3." Any section of the ICA Procurement Regulations may be informally identified, for purposes of brevity, as ICAPR followed by the section number, i.e., "ICAPR 7-1.105-3."

necessary to adapt the new portions of the FPR to ICA procurement requirements and policies. The meaning of these terms includes the following:

(a) Implementation may have either of the following meanings:

(1) A part, subpart, section, etc., which treats a similarly numbered portion of the FPR in greater detail or indicates the manner of compliance including any deviations.

(2) The absence of a corresponding part, subpart, section, etc., in the ICAPR indicates that the FPR is applicable as written. Policies and procedures in the FPR are not repeated in the ICAPR.

(b) Supplementation means ICAPR coverage of matters which have no counterpart in the FPR.

(a) Certain ICA procurement policies and procedures which come within the scope of this chapter nevertheless may be excluded therefrom when there is a justification therefor. These exclusions may include the following:

(1) Subject matter which bears a security classification.

(2) Policies or procedures which are expected to be effective for a period of less than six months.

(3) Policies or procedures which are effective on an experimental basis for a reasonable period.

(4) Policies and procedures pertaining to other activities of ICA as well as to procurement functions and there is need to make the issuance available simultaneously to all ICA personnel concerned.

(5) Speed of issuance is essential, numerous changes are required in this chapter, and all changes cannot be made promptly.

(b) Procurement policies and procedures issued initially as internal agency policies in other than the FPR System format under paragraph (a) (4) and (5) of this section, will be codified into the ICAPR at the earliest practicable date. § 7-1.108 Deviation. § 7-1.108-1

Description.

The term "deviation" includes any of the following sections:

(a) When a prescribed contract clause is set forth verbatim, use of a contract clause covering the same subject matter which varies from that set forth.

(b) When a standard or other form is prescribed, use of any other form for the same purpose.