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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.
§ 2-12.602-2 Department of Labor regulations 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
2-60.18 2-60.19 2-60.20 2-60.21
Motions for rehearing.
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.
When and to the extent that an appeal from a decision of a contracting officer of the Agency is authorized, such an appeal may be taken by filing a written appeal with the contracting officer from whose decision it is taken.
§ 2-60.6 Form of appeal.
The appeal must be in writing but need not follow any prescribed form and may be in the form of a letter addressed to the Administrator, except that it must identify the decision appealed from and it must state that the contractor appeals from that decision. Letters of complaint or general letters objecting to some action taken will not be considered appeals. It should be in triplicate, and should indicate the decision from which the appeal is taken, the date thereof, and the number of the contract involved. It should also specify the portion or portions of the decision from which the appeal is taken and the reasons why those portions are deemed to be erroneous. The appeal should be dated and signed by the contractor and, if he desires to appear or be represented at a hearing, it must contain a request that such a hearing be held. The appeal must be mailed to or otherwise filed with the contracting officer within the time specified in the contract or, if no time is specified, within 30 days from the date of receipt of the contracting officer's decision.
data, and all pertinent correspondence and other data in his possession relevant to the dispute, to the Chairman, Contract Appeals Panel, Federal Aviation Agency, Washington 25, D.C.
§ 2-60.8 Notification to contractor.
After receipt by him of the material referred to in § 2-60.7, the Chairman will designate one of the members of the Contract Appeals Panel to consider the appeal, notify the contractor of such designation, and supply to him copies of such relevant factual material in the possession of the Government as the Chairman may deem to be desirable in order to assist the contractor to develop his case. In cases of unusual complexity, more than one member may be designated.
If an oral hearing has not been requested in the appeal the member designated by the Chairman will consider the appeal upon the basis of written material, together with such brief as the contractor may desire to submit. The member will instruct the contractor with respect to the time within which such brief may be submitted.
§ 2-60.10 Notice of hearing.
If an oral hearing has been requested, the member to whom the appeal has been.. assigned will fix the time when and the place where such hearing will be conducted and will give the contractor at least 15 days' notice thereof in writing. In fixing a time and place for such hearing, the convenience of the parties will be considered. Ordinarily, hearings will be held at the headquarters of the Agency, in Washington, but they may be held at such other place as may be determined by the member conducting the hearing.
ments presented by or on behalf of the contractor. Evidence will not be presented on behalf of the Government. The questions raised by the appeal will be considered de novo, and the Administrator will not be bound by the findings of fact of the contracting officer, although he may adopt them in whole or in part. Hearings will be as informal as may be reasonably permitted under the circumstances. The contractor, or his representatives, may cffer at a hearing such evidence or argument as they deem appropriate, subject to the exercise of reasonable discretion by the presiding officer as to the extent and manner of presenting such argument. In the event that the contractor desires to submit additional evidence or argument subsequent to an oral hearing, he will be permitted to do so within a time limit fixed by the presiding officer. In some instances, the evidence presented may be insufficient to permit the formulating of a recommendation. In such cases, the member conducting the hearing may require additional information to be submitted.
§ 2-60.13 Evidence.
The contractor may present to the member conducting the hearing sworn statements setting forth the factual material upon which he relies, or he may present witnesses who will testify to such facts. He will be expected to state and establish the grounds upon which his appeal is founded. Testimony and evidence may be submitted without regard to the formal rules of evidence, but shall, nevertheless, be subject to a determination by the member presiding with respect to propriety or relevance.
§ 2-60.14 Examination of witnesses.
Witnesses will not be required to testify under oath; however, if the circumstances so warrant, the member presiding at the hearing may warn the witness that his statements may be subject to the provisions of Title 18, U.S.C., sec. 287, 1001; and any other provisions of law imposing penalties for knowingly making false representations in connection with matters under consideration by Federal agencies. All witnesses will be subject to examination by the member conducting the hearing. Witnesses may then be re-examined by the contractor, or his counselor or other authorized representative.
§ 2-60.15 Briefs.
Briefs may be submitted in accordance with instructions by the member conducting the hearing, who may request preliminary briefs or statements describing the basis for the appeal and the questions involved in advance of a hearing. § 2-60.16 Copies of papers.
Copies of papers, books, records or documents will be accepted as evidence in lieu of the submission of the original documents where such submission is not practicable.
§ 2-60.17 Withdrawal of exhibits.
After the Administrator's decision has been rendered, upon request, original exhibits will be returned to the persons entitled to them. § 2-60.18
A contractor may appear in person or may be represented by counsel, or by any other duly authorized person.
§ 2-60.19 Findings and decisions.
After consideration of the appeal, the member assigned thereto will advise the Administrator with respect to the case, and the Administrator will make such decision as he deems appropriate. The contractor will be notified of the Administrator's decision by the Chairman and will be furnished a copy thereof.
§ 2-60.20 Motions for rehearing.
In most instances, the decision of the Administrator as to questions of fact, by the terms of the contract involved, are final and conclusive and binding on the parties thereto. Motions for rehearing or reconsideration will not be considered unless based upon evidence not previously available to the contractor or considered by the member to whom the appeal was assigned, in making his recommendation to the Administrator. Such motions must be filed within a reasonable period of time from the date of receipt of the Administrator's decision and shall set forth specifically the grounds relied upon.
§ 2-60.21 Modification of rules.
The rules contained in this part are intended to render the contract appeals procedure just and simple and to prevent unjustifiable expense and delay. They may be relaxed or modified by the member conducting the hearing in the interests of justice and the expeditious settlement of disputes.
CHAPTER 3-DEPARTMENT OF HEALTH,
EDUCATION, AND WELFARE
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 therewith, 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.