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(e) Notwithstanding the foregoing, to facilitate concurrent renegotiation of members of affiliated or related groups when not consolidated (see § 1464.10 of this subchapter), renegotiable members of any such group will generally all be designated at the time of assignment as Class A or Class B cases according to the proper designation of the member having the largest amount of profits from subject contracts for the fiscal year under review.

(f) Any case designated as a Class A or a Class B case may be redesignated at any time if the Board considers such redesignation desirable in the public interest. Any case initially designated as a Class A or a Class B case ac

cording to the amounts reported on the Standard Form of Contractor's Report may, but will not necessarily, be redesignated if further information developed after assignment establishes that the contractor's renegotiable profits, or its renegotiable receipts or accruals, as the case may be, are sufficiently larger or smaller than the amount reported, to make such redesignation appropriate.

1471.3 Reserved.

1471.4 Reassignment to Board.-A case will be reassigned from a Regional Board to the Board in the circumstances set forth in section 1472.4 of this subchapter.

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limited in any manner by any evaluation or
tentative determination or recommendation
previously made in the case.

willing, to enter into an agreement to eliminate
excessive profits in the amount of the tentative
determination or recommendation of the Re-
gional Board, and does not request a meeting
with a panel of the Regional Board as provided
in paragraph (h) of this section, the Regional
Board personnel assigned to the case will sub-
mit to the Regional Board their recommenda-
tion for final disposition of the case. There-
upon the Regional Board will make and enter,
in a Class B case, its final determination, and
in a Class A case, its final recommendation to
the Board with respect to the amount, if any,
of excessive profits for the fiscal year under re-
view. The Regional Board will notify the con-
tractor by registered mail of such final deter-
mination or recommendation, and will afford
the contractor a reasonable time, to be fixed by
the Regional Board, to notify the Regional
Board that it is or that it is not willing to enter
into an agreement to eliminate excessive profits
in the amount of such final determination or
recommendation. After such notification from
the contractor, or upon the failure of the con-
tractor to furnish such notification within the
time fixed therefor by the Regional Board, the
procedure set forth in Part 1474 or Part 1475
of this subchapter for the making of an agree-
ment or the issuance of an order, as the case
may be, will be followed.

(i) Final determination or recommendation after panel meeting. After the panel meeting provided in paragraph (h) has been held, the panel will submit to the Regional Board its recommendation for final disposition of the case. Thereupon the Regional Board will make and enter, in a Class B case, its final determination, and in a Class A case, its final recommendation to the Board with respect to the amount, if any, of excessive profits for the fiscal year under review. The final determination or recommendation of the Regional Board may be in an amount greater than, equal to, or less than the amount of the tentative determination or recommendation. The Regional Board will notify the contractor by registered mail of such final determination or recommendation, and will afford the contractor a reasonable time, to be fixed by the Regional Board, to notify the Regional Board that it is or that it is not willing to enter into an agreement to eliminate excessive profits in the amount of such final determination or recommendation. In order to assist the contractor in determining whether or not it will enter into an agreement, the Regional Board will, upon request, furnish a summary of the facts and reasons upon which the determination is based as provided in § 1477.3 of this subchapter. After such notification from the contractor, or upon the failure of the contractor to furnish such notification within the time fixed therefor by the Regional Board, the procedure set forth in Part 1474 or Part 1475 of this subchapter for the making of an agreement or the issuance of an order, as the case may be, will be followed. In the event of the issuance of an order, the contractor will be entitled, upon request, to a statement of the determination, of the facts used as a basis therefor, and the reasons for such determination as provided in § 1477.2 of this subchapter.

(h) Panel meeting. After the renegotiation conference provided in paragraph (f) of this section has been held, or after it has been determined that no renegotiation conference will be held, the contractor shall be entitled, at its request, made within the time fixed pursuant to said paragraph, to meet with a panel of the Regional Board, which may include any Regional Board member who may have participated in the renegotiation conference. Any written argument or other presentation which the contractor desires to submit to the panel, in addition to the material previously submitted by the contractor, should, whenever possible, be filed with the chairman of the panel reasonably in advance of the meeting. At the meeting the contractor will be afforded an opportunity to be heard on all matters considered pertinent to the case, including any unresolved issues or matters of fact, law or accounting. The panel will not be bound or

§ 1472.4 Conduct of renegotiation by Board. (a) Reasons for reassignment from Regional Board.-A case will be reassigned from a Regional Board to the Board for further proceedings when (1) a Regional Board makes a final recommendation in a Class A case with which the contractor or the Board is not in accord and when the Board does not direct the

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Regional Board to conduct further proceedings in the matter (see 23 1473.2(a), 1474.3 (a), and 14753(a) of this subchapter); or (2) a Rogional Board makes a final determination by order in a Class B case and the Board initiates a review of such determination (see 81475.3 (b)); or (3) the Board considers for any other reason that the further proceedings in the case should be conducted by the Board rather than by the Regional Board to which the case has been previously assigned.

Generally,

(b) Appointment of division. after a case has been reassigned to the Board from a Regional Board, or after the Board has initiated review of a Regional Board determination, the case will be assigned to a division of the Board. The division will study the information and data assembled by the Regional Board and will determine what additional information or data, if any, is needed. The division will secure such additional information and data as it deems necessary and will conduct an independent study of the case. The division will not be bound or limited in any manner by any evaluation, recommendation or determination of the Regional Board.

(c) Division meeting. In every Class A case reassigned pursuant to § 1475.3(a) of this subchapter, and in every Class B case where roview is initiated at the request of the contractor pursuant to § 1475.3 (b) of this subchapter, the contractor will be afforded an opportunity to meet with the assigned division of the Board prior to any final determination. In all other reassigned cases, or other cases with respect to which the Board has initiated review, the contractor will be afforded an opportunity to meet with the assigned division of the Board prior to any final determination differing from the determination or recommendation of the Re

gional Board. Any written argument or other presentation which the contractor desires to submit for consideration by the division, in addition to the material previously submitted by the contractor to the Regional Board, should, whenever possible, be filed with the Director, Office of Review, reasonably in advance of the meeting. Failure of the contractor to file information or arguments prior to the meeting will not preclude presentation thereof at the meeting. At the meeting the contractor will be afforded an opportunity to be heard on

all matters considered pertinent to the case, in-
cluding any unresolved issues or matters of
fact, law or accounting.

(d) Final determination. After the division
meeting provided in paragraph (c) of this
section has been held, or after it has been deter-
mined that no such meeting is required, the
division will submit to the Board its recom-
mendation for final disposition of the case.
Thereupon the Board will make and enter its
final determination with respect to the amount,
if any, of excessive profits for the fiscal year
under review. The final determination may be
in an amount greater than, equal to, or less than
the amount of any determination or recom-
mendation by the Regional Board. If the final
determination of the Board is that the con-
tractor did not realize any excessive profits, the
Board will notify the contractor by registered
mail of such final determination, which will be
embodied in a clearance notice or a clearance
agreement, whichever is appropriate (see
§ 1473.4 of this subchapter). If the final de-
termination of the Board is that the contractor
realized excessive profits, the Board will notify
the contractor by registered mail of such final
determination and will afford the contractor
a reasonable time, to be fixed by the Board, to
notify the Board that it is or that it is not
willing to enter into an agreement to eliminate
excessive profits in the amount of such final de-
termination. In order to assist the contractor
in determining whether or not it will enter into
an agreement, the Board will, upon request,
furnish a summary of the facts and reasons
upon which the determination is based as pro-
vided in § 1477.3 of this subchapter. After such
notification from the contractor, or upon the
failure of the contractor to furnish such noti-
fication within the time fixed therefor by the
Board, the procedure set forth in Part 1474 or
Part 1475 of this subchapter for the making of
an agreement or the issuance of an order, as the
case may be, will be followed. In the event of
the issuance of an order, the contractor will be
entitled, upon request, to a statement of the
determination, of the facts used as a basis
therefor, and the reasons for such determina-
tion as provided in § 1477.2 of this subchapter.
§ 1472.5 Notice of Points for Presenta-
tion. (a) When sent. The Board will send
the contractor a Notice of Points for Presenta-

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tion in every Class A case reassigned to the Board pursuant to § 1473.2 (a) or § 1474.3 (a) of this chapter, and in any other reassigned case in which the Board in its discretion considers the sending of such a notice desirable. In the absence of unusual circumstances, if a Notice of Points for Presentation is to be sent, it will be mailed to the contractor not less than 10 days before the date fixed for the division meeting with the contractor pursuant to § 1472.4(c).

(b) Purpose. The purpose of the Notice of Points for Presentation is to enable the contractor to prepare for the meeting with the Board division, and to address itself in particular at such meeting to the points or matters on which presentation is desired by the division.

1472.6 Filing of information an
quests by contractor. Some o
tion.-This section prescribes ganema, mis
plicable to the time, place, and manner of fing
information and requests in LISTUL WIL
negotiation proceedings. As used in 25 se
tion, the term "filing" means the submission f
the contractor of any such informatim a
requests.

(b) (1) Information.-Every prime cras
tor or subcontractor who is required by the first
sentence of section 105(e)(1) of the act to ËR
a financial statement with the Board for a fe
year is required to file the information pre
scribed by Part 1470 of this subchapter to be
contained in the Standard Form of Contractor's
Report. Any prime contractor or subcontrac
tor who elects to file a financial statement with
the Board for a fiscal year pursuant to the see
ond sentence of section 105 (e)(1) of the act
may file the Statement of Non-Applicability.
Any prime contractor or subcontractor, whether
or not he has filed a Standard Form of Contrac-
tor's Report or a Statement of Non-Applicabil-
ity, may be required by the Board to file any
information, records or data which are deter-
mined by the Board or a Regional Board to be
necessary to carry out the provisions of the act.

(c) Contents. The Notice of Points for Presentation will set forth, in summary form, any points or matters on which presentation is desired by the Board division. Such points or matters may relate to facts, law, accounting, factor evaluation, or other aspects of the case. The notice will state that, although the contractor will have the opportunity to present and discuss with the division any matters which the contractor considers pertinent, the contractor will be expected to deal specifically and in appropriate detail with the points or matters set forth in the notice. The notice will advise the contractor that he may, if he so desires, present his views in writing, before the meeting, on the points or matters set forth in the notice. Every reasonable effort will be made to set forth in the notice the points or matters with respect to which it is believed that presentation will be helpful to the division in its consideration of the case.

(2) Requests.-Requests which may be filed by the contractor include the following: Request for combined renegotiation, as provided in § 1457.2 of this subchapter; requests for renegotiation on a consolidated basis, as provided in Part 1464 and § 1470.3 (h) of this subchapter; requests for review of determination in a Class B case, as provided in § 1475.3 (b) of this subchapter; and requests for statements of determination, facts and reasons, as provided in §§ 1477.2 and 1477.3 of this subchapter, respectively.

(d) Effect. The mailing of the Notice of Points for Presentation will not limit or otherwise affect the authority of the Board, in determining excessive profits of the contractor, to take into consideration any points or matters pertinent to such determination, whether set forth in the notice or not. The Notice of Points for Presentation is not and is not to be construed as the statement furnished pursuant to § 1477.2 or the summary furnished pursuant to § 1477.3 of this subchapter, and the mailing of such notice shall not affect the right of the contractor to request such statement or such summary in accordance with the provisions of such sections.

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(c) Form and contents for filings.-(1) General.-When no particular form for a filing is requested by the Board or a Regional Board or is prescribed in this subchapter, information or requests shall be filed in the form of a letter, telegram or other writing. Every filing shall contain the name and address of the contractor and a reference to the fiscal year or period to which the filing relates.

(2) Amended filings.-If the contractor discovers an error or omission in information already filed pursuant to section 105(e) of the

Division of Administration, of such Regional
Board at the office of such Regional Board.

(e) Time for filing-(1) General-Time
limitations are prescribed in this subchapter
for the filing of certain information and re-
quests by the contractor, subject to the provi
sions of subparagraph (4) of this paragraph
relating to extensions of time. Where no such
time limitation is prescribed, the information or
request shall be filed within a reasonable time.
Filings will be considered made when received
at the place prescribed in this subchapter. Fil-
ings shall be made during hours of business,
as set forth in subparagraph (2) of this para-
graph, and within the appropriate period of
time computed according to the provisions of
subparagraph (3) of this paragraph.

act, or if the contractor obtains new information
materially affecting information which was filed
pursuant to section 105 (e) of the act, the con-
tractor shall file full and correct information
forthwith. In the event that the contractor
discovers a material error in the Standard Form
of Contractor's Report after filing but before
receiving notice of assignment (see § 1472.2 of
this subchapter) for the fiscal year to which
such filing relates, the contractor shall file an
amended Standard Form of Contractor's Re-
port, or portion thereof, indicating the changes
contained therein. The Board or a Regional
Board may accept or reject, at its discretion,
any amended filing received after the period of
time for filing (see paragraph (e) of this sec-
tion), but such amended filing will normally be
accepted if the Board or Regional Board con-
siders that the proper conduct of a renegotiation
proceeding is facilitated thereby.

(d) Place for filing.-(1) Principal offices.-
The principal office of the Board is located at
1910 K Street NW., Washington, D.C. 20446.
The following are the addresses of the offices of
the Regional Boards:

Eastern Regional Renegotiation Board, 1325 K Street,
NW., Washington, D.C. 20447.

Western Regional Renegotiation Board, 300 North Los
Angeles Street, Los Angeles, Calif. 90012.

(2) Filing of information. The Standard Form of Contractor's Report or the Statement of Non-Applicability, if such latter form is appropriate and the contractor elects to file the same, shall be filed with the Director, Office of Assignments, of the Board at the principal office of the Board. Such other information, records, or data which are determined to be necessary in renegotiation proceedings shall be filed at the place designated by the Board or Regional Board, as the case may be.

(3) Filing of certain requests with Board.The request for review of determination in a Class B case, as provided in § 1475.3(b) of this subchapter, and requests for statements of determination, facts and reasons, when directed to the Board pursuant to § 1477.2 or § 1477.3 of this subchapter, shall be filed with the Secretary to the Board at the principal office of the Board.

(4) Filing of certain requests with Regional Boards. Requests for statements of determination, facts and reasons, when directed to a Regional Board pursuant to § 1477.2 or § 1477.3 of this subchapter, shall be filed with the Director,

446

(2) Hours of business.-The offices of the
Board and of Regional Boards are open every
day except Saturdays, Sundays and holidays.
The hours of business of such offices are from
8:30 a.m. to 5 p.m., standard time or daylight
saving time, as applicable in the time zone and
city in which each such office is located, except
that the hours of business of the Western
Regional Renegotiation Board are from 8 a.m.
to 4:30 p.m.

(3) Computation of time.-In computing
periods of time prescribed for filing of infor-
mation or requests by the contractor, the day of
the act, event or default after which such period
begins to run is not included. If such period is
described in calendar months (see § 1470.3 (d)
of this subchapter), the month in which such
day occurs is not included. The last day of the
period so computed is included, unless it is a
Saturday, Sunday or legal holiday in the Dis-
trict of Columbia, in which case the period runs
until the close of business of the next day which
is not a Saturday, Sunday or holiday.

(4) Extensions of time.-When the time for
filing any information or requests is fixed by the
act or these regulations, or by the Board or a
Regional Board, or by assigned personnel acting
on behalf of the Board or a Regional Board,
no extension of time to make such filing will be
granted except upon the written request of the
contractor for good cause. Notwithstanding the
preceding sentence, the time for filing a request
for review of a determination in a Class B case,
as provided in § 1475.3 (b) of this subchapter,
is not subject to extension.

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