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cedures to assure compliance with the requirements of § 1-12.603 (a) through (d) of this title.
(b) Violations shall be reported by the contracting officer concerned to the Materiel Policy Division, Office of Management Services, who will take appropriate steps for reporting the violation to the Department of Labor.
PART 2–60—-CONTRACT APPEAL
responsibilities in connection with contract administration, one of which is the checking of labor standards compliance on the job site. In this connection, the contractor shall be informed that the representative is empowered to interview employees, to observe the work, and to secure and review the payrolls, including spot checking original time books or time cards.
(b) The contracting officer shall issue more detailed instructions to guide personnel charged with checking labor standards compliance. The following letter and form are suggested:
(1) Suggested letter of instruction:
In order to determine if a contractor is complying with the labor standards provisions of this contract, you should check the following:
1. The posting of Form SOL-155 and minimum wage determination sheet in prominent and readily accessible view of the employees.
2. The correctness of job classification or reclassification. Are the employees performing the work designated under their job classifications? (Example of violation: laborer doing the work of a plumber or electrician.)
3. The contractor's weekly payroll, and spot check the original time books or time cards, to ascertain if wages being paid agree with payroll data submitted to the contracting officer.
4. The registration of apprentices with the Department of Labor's Bureau of Apprenticeship or similar State agency.
Reports shall be made to the contracting officer at least once in each thirty (30) day period. The report should contain a description of each failure to comply with the labor standards under the representative's jurisdiction and any documents, records of interviews, or other material relevant to each violation. Large-scale violations (misclassification of workers, manipulation or understatement of hours) shall be reported immediately to the contracting officer. A negative report shall be submitted if no violations have been found. Subpart 2–12.6—Walsh-Healey
Public Contracts Act & 2–12.602–2 Department of Labor reg.
ulations and interpretations. The regulations and interpretations compiled by the Secretary of Labor entitled “Walsh-Healey Public Contracts Act, Rulings and Interpretations, No. 3” are included in FAA Labor Standards Handbook. $ 2–12.650 Delegation of responsibility.
(a) It shall be the responsibility of the contracting officer to institute pro
Sec. 2-60.1 Scope of part. 2-60.2 Establishment of Panel. 2-60.3 Exercise of authority. 2–60.4 Delegation. 2-60.5 Appeal. 2-60.6 Form of appeal. 2-60.7 Transmittal of notice of appeal. 2-60.8 Notification to contractor. 2-60.9 Consideration without oral hearing. 2-60.10 Notice of hearing. 2-60.11 Absence of contractor. 2-60.12 Scope and nature of hearing. 2-60.13 Evidence. 2-60.14 Examination of witnesses. 2-60.15 Briefs. 2-60.16 Copies of papers. 2-60.17 Withdrawal of exhibits. 2-60.18 Representation. 2-60.19 Findings and decisions. 2–60.20 Motions for rehearing. 2-60.21 Modification of rules.
AUTHORITY: $ $ 2-60.1 to 2-60.21 issued under secs. 303, 313, 1001, 72 Stat. 747, 752, 788; 49 U.S.C. 1344, 1354, 1481.
SOURCE: $ $ 2–60.1 to 2-60.21 appear at 25 F.R. 5151, June 9, 1960. § 2–60.1 Scope of part.
This part relates to the establishment and functions of a Contract Appeals Panel, authorizes the members of such panel to act, and delegates to the General Counsel authority to designate the Chairman of such panel and its members. § 2–60.2 Establishment of Panel.
The Contract Appeals Panel heretofore established in the Office of the General Counsel is hereby continued. § 2–60.3 Exercise of authority.
Members of the Contract Appeals Panel are hereby authorized to act for the Administrator of the Federal Aviation Agency in hearing and considering appeals by contractors from findings of fact or from decisions of contracting officers of the Agency, where permitted by the terms of the contract, or as directed by the Administrator. Members of the
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.
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
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.
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
PART 3–75-DELEGATIONS OF
Subpart B-Delegatees and Specific Limitations 3–75.2 Food and Drug Administration. 3–75.3 Office of Education. 3-75.4 Office of Vocational Rehabilitation. 3–75.5 Saint Elizabeths Hospital. 3-75.6 Public Health Service. 3–75.6-1 Bureau of Medical Services. 3–75.7 Social Security Administration. 3–75.8 Office of Field Administration. 3-75.9 Office of Administration, Division of
Welfare (22 F.R. 1049, 24 F.R. 8612). Additional authority is cited in parentheses following the sections affected.
SOURCE: $$ 3–75.1 to 3–75.21 appear at 24 F.R. 9427, Nov. 24, 1959, except as otherwise noted.
Subpart A-General Delegation $ 3-75.1 Authority delegated.
Authority to make purchases of and contracts for property or services, to sign and issue purchase orders, contracts and certificates of award in connection there. with, and to use the procurement provisions contained in Title III, Public Law 152, 81st Congress (63 Stat. 377) (Federal Property and Administrative Services Act of 1949) as amended (41 U.S.C. 251 et seq.): Provided, That this authority shall be exercised in accordance with applicable limitations and requirements of Public Law 152, 81st Congress, as amended, particularly sections 304 and 307 and policies, procedures, limitations, and controls prescribed by the General Services Administration and the Department.
Subpart C-Mistakes in Bids 3.75.21 Procurement and Supply Manage
ment Branch, Division of General Services.
AUTHORITY: $$ 3–75.1 to 3–75.9 issued under General Services Administration Delegation 363 (24 F.R. 1921) and $ $ 2-500.40 and 2500.60, as amended, of the Statement of Organization and Delegation of Authority, Secretary, Department of Health, Education, and