Panel are also authorized to recommend data, and all pertinent correspondence to the Administrator action to be taken and other data in his possession relevant upon such appeals.

to the dispute, to the Chairman, Con

tract Appeals Panel, Federal Aviation § 2-60.4 Delegation.

Agency, Washington 25, D.C. The General Counsel is hereby dele- § 2–60.8 Notification to contractor. gated authority to appoint the members of the Contract Appeals Panel from per

After receipt by him of the material

referred to in § 2-60.7, the Chairman will sonnel of his Office who are members of

designate one of the members of the the Bar of any State, territory, or pos

Contract Appeals Panel to consider the session of the United States, and to designate one of such members as Chairman

appeal, notify the contractor of such

designation, and supply to him copies of the Panel.

of such relevant factual material in the & 2–60.5 Appeal.

possession of the Government as the When and to the extent that an ap

Chairman may deem to be desirable in peal from a decision of a contracting of

order to assist the contractor to develop ficer of the Agency is authorized, such

his case. In cases of unusual complexan appeal may be taken by filing a writ

ity, more than one member may be desten appeal with the contracting officer

ignated. from whose decision it is taken.

$ 2–60.9 Consideration without oral $ 2-60.6 Form of appeal.

hearing.

If an oral hearing has not been reThe appeal must be in writing but

quested in the appeal the member desneed not follow any prescribed form and

ignated by the Chairman will consider may be in the form of a letter addressed

the appeal upon the basis of written mato the Administrator, except that it must

terial, together with such brief as the identify the decision appealed from and

contractor may desire to submit. The it must state that the contractor appeals

member will instruct the contractor with from that decision. Letters of com

respect to the time within which such nt or general letters jecting to

brief may be submitted. some action taken will not be considered appeals. It should be in triplicate, and 2-60.10 Notice of hearing. should indicate the decision from which

If an oral hearing has been requested, the appeal is taken, the date thereof, and

the member to whom the appeal has been.. the number of the contract involved. It

assigned will fix the time when and the should also specify the portion or por

place where such hearing will be contions of the decision from which the ap

ducted and will give the contractor at peal is taken and the reasons why those

least 15 days' notice thereof in writing. portions are deemed to be erroneous. In fixing a time and place for such hearThe appeal should be dated and signed

ing, the convenience of the parties will by the contractor and, if he desires to

be considered. Ordinarily, hearings will appear or be represented at a hearing,

be held at the headquarters of the it must contain a request that such a

Agency, in Washington, but they may be hearing be held. The appeal must be

held at such other place as may be mailed to or otherwise filed with the

determined by the member conducting contracting officer within the time speci

the hearing. fied in the contract or, if no time is specified, within 30 days from the date

§ 2–60.11

Absence of contractor. of receipt of the contracting officer's In the event of the unexcused absence decision.

of the contractor or his representative $ 2–60.7 Transmittal of notice of ap

at the time and place set for an oral peal.

hearing, the appeal will be deemed to

have been submitted without oral testiWhen the appeal has been received

mony or argument on behalf of the conby a contracting officer, he will endorse

tractor, and will be considered by the the date of its receipt on the original and

member conducting the hearing without promptly forward the original and one

further proceedings. copy thereof, together with one copy of the contract, including specifications,

§ 2-60.12 Scope and nature of hearing. modifications and change orders, his de- At an oral hearing the member precision, findings of fact and supporting siding will receive evidence and argu

ments presented by or on behalf of the § 2-60.15 Briefs.
contractor. Evidence will not be pre-
sented on behalf of the Government.

Briefs may be submitted in accordance The questions raised by the appeal will

with instructions by the member con

ducting the hearing, who may request be considered de novo, and the Administrator will not be bound by the findings

preliminary briefs or statements describ

ing the basis for the appeal and the quesof fact of the contracting officer, al

tions involved in advance of a hearing. though he may adopt them in whole or in part. Hearings will be as informal as

§ 2–60.16 Copies of papers. may be reasonably permitted under the Copies of papers, books, records or circumstances. The contractor, or his documents will be accepted as evidence representatives, may cffer at a hearing in lieu of the submission of the original such evidence or argument as they deem documents where such submission is not appropriate, subject to the exercise of practicable. reasonable discretion by the presiding

§ 2-60.17 Withdrawal of exhibits. officer as to the extent and manner of presenting such argument. In the event After the Administrator's decision has that the contractor desires to submit ad

been rendered, upon request, original ditional evidence or argument subse

exhibits will be returned to the persons quent to an oral hearing, he will be

entitled to them. permitted to do so within a time limit $ 2-60.18 Representation. fixed by the presiding officer. In some

A contractor may appear in person or instances, the evidence presented may

may be represented by counsel, or by any be insufficient to permit the formulating

other duly authorized person. of a recommendation. In such cases, the member conducting the hearing may § 2–60.19 Findings and decisions. require additional information to be After consideration of the appeal, the submitted.

member assigned thereto will advise the § 2-60.13 Evidence.

Administrator with respect to the case,

and the Administrator will make such The contractor may present to the

decision as he deems appropriate. The member conducting the hearing sworn

contractor will be notified of the Adminstatements setting forth the factual ma

istrator's decision by the Chairman and terial upon which he relies, or he may

will be furnished a copy thereof. present witnesses who will testify to such facts. He will be expected to state and

§ 2-60.20 Motions for rehearing. establish the grounds upon which his In most instances, the decision of the appeal is founded. Testimony and evi- Administrator as to questions of fact, by dence may be submitted without regard

the terms of the contract involved, are to the formal rules of evidence, but shall, final and conclusive and binding on the nevertheless, be subject to a determina

parties thereto. Motions for rehearing tion by the member presiding with re- or reconsideration will not be considered spect to propriety or relevance.

unless based upon evidence not previ

ously available to the contractor or con$ 2–60.14 Examination of witnesses. sidered by the member to whom the Witnesses will not be required to

appeal was assigned, in making his testify under oath; however, if the cir

recommendation to the Administrator. cumstances so warrant, the member pre

Such motions must be filed within a siding at the hearing may warn the wit

reasonable period of time from the date ness that his statements may be subject

of receipt of the Administrator's decision to the provisions of Title 18, U.S.C., sec.

and shall set forth specifically the 287, 1001; and any other provisions of

grounds relied upon. law imposing penalties for knowingly § 2-60.21 Modification of rules. making false representations in connec

The rules contained in this part are tion with matters under consideration by Federal agencies. All witnesses will be

intended to render the contract appeals subject to examination by the member

procedure just and simple and to prevent conducting the hearing. Witnesses may

unjustifiable expense and delay. They then be re-examined by the contractor,

may be relaxed or modified by the memor his counselor or other authorized

ber conducting the hearing in the inter

ests of justice and the expeditious settlerepresentative.

ment of disputes.

CHAPTER 3—DEPARTMENT OF HEALTH,

EDUCATION, AND WELFARE