CHAPTER 10-DEPARTMENT OF THE TREASURY Part 10-17 Extraordinary contractual actions to facilitate national defense. 10-60 Procedures for settling contract dispute appeals. AUTHORITY: Final records. The provisions of this Part 10-17 issued under R.S. 161, 5 U.S.C. 22; sec. 205(c), 63 Stat. 390, 40 U.S.C. 486 (c); 72 Stat. 972-973, 50 U.S.C. 1431-1435. E.O. 10789, 23 F.R. 8897; 3 CFR, 1954-1958 Comp. SOURCE: The provisions of this Part 10-17 contained in CGFR 66-7, 31 F.R. 11230, Aug. 25, 1966, unless otherwise noted. § 10-17.000 Scope of part. This part establishes procedures to implement and supplement Part 1-17 of this title (Federal Procurement Regulations). § 10-17.101 Authority. (a) The Treasury Department Contract Adjustment Board is hereby created. The Board is authorized to exercise the authority of Public Law 85-804 (72 Stat. 972, 50 U.S.C. 1431 to 1435, Aug. 28, 1958) as vested in the Secretary of the Treasury by Executive Order No. 10789, dated November 14, 1958 (23 F.R. 8897), as amended by Executive Order No. 11051, dated September 27, 1962 (27 F.R. 9683). The decision of the Board shall be final in all cases where the cost to the United States resulting therefrom is not more than $50,000. Where the cost to the United States resulting therefrom is greater than $50,000, the decision of the Board shall be subject to approval by the Secretary of the Treasury, or his designee. (b) Part 1-17 of this title shall govern the respective rights and duties of the Treasury Department Contract Adjustment Board, Treasury agencies and the Contractor. The Board shall determine and adopt its own procedures and have authority to do all acts and things neces (a) The responsible contracting officer shall submit to the appropriate officer or official listed in paragraph (b) of this section, four copies of the following: (1) The form of request described in § 1-17.207-2 of this title. (2) The preliminary record required by § 1-17.207-3 of this title. (3) The facts and evidence described in § 1-17.207-4 of this title. (4) The investigation prescribed by § 1-17.208-1 of this title. (b) The head of the bureau, office, division, agency of the Treasury Department, as appropriate, shall submit to the Board the documents listed in paragraph (a) of this paragraph, together with his recommended disposition of the request of the contractor. § 10-17.208-4 Records. The Board shall maintain the records required by § 1-17.208-4 of this title. § 10-17.304 Records. The Board shall retain a copy of the memorandum required by § 1-17.303 (a) of this title. § 10-17.402 Final records. The Board shall prepare the final record described in § 1-17.402 of this title. AUTHORITY: The provisions of this Part 10-60 issued under 63 Stat. 390, 40 U.S.C. 486(c); 5 U.S.C. 301. SOURCE: The provisions of this Part 10-60 appear at 32 F.R. 8676, June 16, 1967, unless otherwise noted. § 10-60.100 Treasury contract appeals to be heard by General Services Administration Board of Contract Appeals. The General Services Administration Board of Contract Appeals (herein called the Board), with the prior approval of the Administrator of General Services, hereby is designated the authorized representative of the Secretary of the Treasury in hearing, considering, and determining as fully and finally as might the Secretary, all appeals by contractors from final decisions by contracting officers on disputed questions taken pursuant to the provisions of contracts (other than contracts of the Office of the Comptroller of the Currency) requiring the determination of such appeals by the Secretary or his duly authorized representative. § 10-60.200 Rules regarding contract dispute appeals. The rules and regulations pertaining to the appeal of General Services Administration contract disputes prescribed in or pursuant to Part 5-60 of this title and this part shall govern the appeal of all contract disputes with the Department of the Treasury, or with any bureau, office (other than the Office of the Comptroller of the Currency), division or other agency or subdivision of the Department of the Treasury, except for the rules entitled "Notice of appeal" (Rule 1, § 5-60.201 of this title), "Request, preparation and submission” (pertaining to the appeal file) (Rule 4A(1), § 5-60.204-1 of this title), and "Payment of claims" (Rule 22, § 5-60.224 of this title). Wherever the rules of the GSA Board in Subpart 5-60.2 of this title refer to the General Services Administration (or GSA) or the Administrator or the General Counsel, GSA, there shall be substituted the terms Treasury Department, the Secretary or the General Counsel, Treasury Department, respectively. § 10-60.201-2 Forwarding of appeals. When a notice of appeal in any form has been received by the contracting officer, he shall endorse thereon the date of mailing and the date of receipt (or the date of receipt only, if otherwise conveyed) and within 20 days shall forward said notice of appeal, together with the envelope in which same was enclosed, to the Board, with a copy to the General Counsel, Treasury Department, Washington, D.C. 20220. Following receipt by the Board of the original notice of appeal (whether through the contracting officer or otherwise), the contractor, the contracting officer, and General Counsel, Treasury Department, will be advised promptly thereof, and the contractor will be furnished a copy of the Board's rules. Following receipt of a notice of appeal, the contracting officer shall promptly, and in any event within 30 days, compile and transmit to the General Counsel, Treasury Department, two (2) copies of the appeal file as prescribed in Rule 4A (2), § 5-60.204-2 of this title. The General Counsel will submit the appeal file to the Board as promptly as possible after receipt by him of the Board's request therefor, and in any event so as to reach the Board within 45 days after such receipt. § 10-60.203 Treasury representation before General Services Administration Board of Contract Appeals. The General Counsel of the Treasury Department will assure representation of the interests of the Government in proceedings before the General Services Administration Board of Contract Appeals. All officers and employees of the Treasury Department will appear and give testimony as required and will cooperate with the General Services Administration Board of Contract Appeals and Government counsel in the processing of appeals so as to assure their speedy and just determination. § 10-60.204 Effective date. The regulations in this part shall become effective on the date of publication in the FEDERAL REGISTER. The regulations in this part shall apply to all cases now pending or in which appeal from the contracting officer's decision is taken on or after the effective date. |