additional funds, authorization shall be requested in the same way and is subject to the same limitations as authorization to procure the total services by contract would have required in the first place.

Subpart 12-50.4-Procurement of Mortuary Services

§ 12-50.400 Scope of subpart.

This subpart is applicable only to the Coast Guard. It sets forth procurement procedures peculiar to contracts for mortuary services (the care of remains) of Coast Guard personnel.

§ 12-50.401 Procurement by contract.

(a) Where an existing contract for the care of remains is not available for Coast Guard use, procurement of such services shall be formally advertised except where negotiation is authorized, consistent with limitations and requirements set forth in Chapter 12B of the Coast Guard Personnel Manual.

(b) The contract format, terms and conditions, and clauses set forth in this subpart are appropriate for inclusion in a requirements type contract. They should be altered as deemed necessary by the contracting officer to fit a different contract type or procurement situation.

§ 12-50.402 Area of performance.

Each contract for care of remains shall clearly define the geographical area covered by the contract. The area shall be determined by the activity en

tering into the contract in accordance with the following general guidelines. It shall be an area using political boundaries, streets, and other features as demarcation lines. Generally, this should be a size roughly equivalent to the contiguous metropolitan or municipal area enlarged to include the activities served. In the event the area of performance best suited to the needs of a particular contract is not large enough to include a carrier terminal commonly used by people within such area, the contract area of performance shall specifically state that it includes such terminal as a pickup or delivery point.

§ 12-50.403 Solicitation provision.

Invitations for bids for mortuary services contracts shall contain the provision set forth below. This provision shall be appropriately modified for use in requests for proposals.

AWARD TO SINGLE BIDDER

Subject to the provisions contained herein, award shall be made to a single bidder. Bids must include unit prices for each item listed in order that bids may be properly evaluated. Failure to do this shall require rejection of the entire bid. Bids shall be evaluated on the basis of the estimated quantities shown and award shall be made to that responsive/responsible bidder whose total aggregate price is low.

§ 12-50.404 Schedule format.

Set forth below is an example of a Schedule format suitable for use in solicitations:

The following clauses setforth in DOTPR 12-7.50 shall, if appropriate, be included in contracts for mortuary services.

§ 12-50.406 Procurement by purchase order.

Where no contract for mortuary services exists and the use of a purchase order is appropriate, such services shall be obtained by use of DD Form 1155 and DD Form 1155r, in accordance with the following instructions:

(a) The "Changes" clause (paragraph 17 of DD Form 1155r) shall be deleted and the "Changes" clause in DOTPR 12-7.5001-29 shall be substituted therefor.

(b) The "Additional Default Provision" clause in DOTPR 12-7.5001-23 shall be included in the contract except it shall be amended:

(1) By changing paragraph (a) thereof to read: "(a) This clause supplements the "Termination for Default' clause of this contract."

(2) By changing the first sentence of paragraph (b) thereof to read: "This contract may be terminated for default by written notice if during the performance of this contract:".

(c) The following clauses shall also be included in the contract:

(1) The "Specifications" clause in DOTPR 12-7.5001-18.

(2) The "Delivery and Performance" clause in DOTPR 12-7.5001-21.

(3) The "Subcontracting" clause in DOTPR 12-7.5001-22.

(4) The "Inspection" clause in DOTPR 12-7.5001-24.

For the purposes of this part

(a) "Appellant" means the contractor who appeals;

(b) "Board" means the Department of Transportation Contract Appeals Board;

(c) "Administrative Judge" means a member of the Board selected and appointed to serve pursuant to the Contract Disputes Act of 1978.

(d) "The contracting officer" means the Government's contracting officer whose decision is appealed, or the successor contracting officer;

(e) "The parties" means the appellant and the contracting officer; and (f) "The Secretary" means the Secretary of Transportation.

§ 12-60.102 Qualifications of members.

Each member of the Board must be a qualified attorney who is admitted to practice before the highest court of a State or the District of Columbia. Members of the Board are selected and appointed to serve in the same manner as hearing examiners appointed pursuant to section 3105 of Title 5 of the United States Code, with the additional requirement that each member shall have had not fewer than five years' experience in public contract law.

§ 12-60.103 Jurisdiction and authority of the Board and its members.

(a) The Board hears and decides: (1) Appeals from decisions made by contracting officers relating to contracts awarded by the Department of Transportation and its constituent administrations; (2) appeals from decisions of contracting officers relating to contracts awarded by any other executive agency when such agency or the Administrator for Federal Procurement Policy has designated the Board to decide the appeal; and, (3) other matters as directed by the Secretary which are not inconsistent with statutory duties. In each case, the Board shall make a final decision which is impartial, fair, and just to the parties and is supported by the record of the case and the law. The Administrative Judge assigned to hear an appeal has authority to act for the Board in all matters with respect to such appeal. Included in such authority is the authority to sign subpoenas and the power to authorize the Recorder of the Board to issue subpoenas pursuant to Section II of the Contract Disputes Act of 1978 (41 U.S.C. 610).

(b) An Administrative Judge may not act for the Board or participate in a decision if that Judge has participated directly in any aspect of the award or administration of the contract involved.

(c) Except for appeals considered under the expedited small claims or accelerated procedures, appeals are assigned to a panel of three Administrative Judges of the Board. The decision of a majority of the panel shall constitute the decision of the Board.

§ 12-60.104 Ex Parte communications.

Ex parte communications, that is, written or oral communications with the Board by or for one party only without notice to the other, are not permitted. No member of the Board or of the Board's staff shall consider, nor shall any person directly or indirectly involved in an appeal submit to the Board or to the Board's staff, off-therecord, any evidence, explanation, analysis, or advice, whether written or oral, regarding any matter at issue in an appeal. This provision does not apply to consultation between Board members nor to ex parte communications concerning the Board's administrative functions or procedures.

Subpart 12-60.2-Contract

§ 12-60.201 General.

(a) It is the intent of these rules to provide for the just and inexpensive determination of appeals without unnecessary delay. It is the objective of the Board's preliminary procedures to encourage full disclosure of relevant and material facts, and to discourage surprise. Each specified time limitation is a maximum, and should not be fully used if the action described can be accomplished in a shorter period. The Board may extend any time limitation for good cause and in accordance with legal precedent.

(b) Ordinarily, the appellant has the burden of proof.

§ 12-60.202 Rules of procedure.

These rules shall govern the procedures in all contract disputes appealed to the Board.

PRELIMINARY PROCEDURES

Rule 1. How to appeal a contracting officer's decision. (a) Notice of an appeal shall be in writing and mailed or otherwise furnished to the Board within 90 days from the date of receipt of a contracting officer's decision. A copy of the notice shall be furnished to the contracting officer from whose decision the appeal is taken.

(b) Where the contractor has submitted a claim of $50,000 or less to the contracting officer and has requested a written decision within 60 days from receipt of the request, and the contracting officer has not done so, the contractor may file a notice of appeal as

provided in subparagraph (a) above, citing the failure of the contracting officer to issue a decision.

(c) Where the contractor has submitted a claim in excess of $50,000 to the contracting officer and the contracting officer has failed to issue a decision within a reasonable time, the contractor may file a notice of appeal as provided in subparagraph (a) above, citing the failure to issue a decision.

(d) Upon docketing of appeals filed pursuant to (b) or (c) above, the Board, at its option, may stay further proceedings pending issuance of a final decision by the contracting officer within the time fixed by the Board or order the appeal to proceed without the contracting officer's decision.

Rule 2. Contents of notice of appeal. A notice of appeal must indicate that an appeal is intended and identify the contract by number, the administration, bureau, or office concerned with the dispute, the decision from which the appeal is taken, and the amount in dispute, if known. The notice of appeal shall be signed by the appellant, or by an officer of an appellant corporation or member of an appellant firm, or by an appellant's authorized representative or attorney.

Rule 3. Docketing of Appeals. Following receipt by the Board of the original notice of an appeal, the appellant and the contracting officer are promptly notified of its receipt and docketing by the Board, and the Board furnishes a copy of these rules to the appellant.

Rule 4. Preparation, contents, organization, forwarding, and status of appeal file. (a) Duties of contracting officer. Within 30 days after receipt of notice that an appeal has been docketed, the contracting officer shall assemble and transmit to the Board, with a copy to the appellant and the Government attorney, an appeal file consisting of all documents pertinent to the appeal, including:

(1) The contracting officer's decision and findings of fact from which the appeal is taken;

(2) The contract, including pertinent specifications, modifications, plans, and drawings;

(3) All correspondence between the parties pertinent to the appeal, including the letters of claim in response to which the decision was issued;

(4) Transcripts of any testimony taken during the course of proceedings, and affidavits or statements of any witnesses on the matter in dispute made prior to the filing of the notice of appeal with the Board; and

(5) Any additional information considered pertinent.

(b) Duties of the appellant. Within 30 days after receipt of a copy of the appeal file assembled by the contracting officer, the appellant may supplement the file by trans

mitting to the Board any additional documents which it considers pertinent to the appeal and shall furnish two copies of such documents to the Government attorney.

(c) Organization of appeal file. Documents in the appeal file may be originals or legible facsimiles or authenticated copies, and shall be arranged in chronological order where practicable, numbered sequentially, tabbed, and indexed to identify the contents of the file. The contracting officer's final decision and the contract shall be conveniently placed in the file for ready reference. (d) Lengthy documents. The Board may waive the requirement of furnishing to the other party copies of bulky, lengthy, or outof-size documents in the appeal file when a party has shown that doing so would impose an undue burden. At the time a party files with the Board a document as to which such a waiver has been granted, the other party shall be notified that the document or a copy is available for inspection at the offices of the Board or of the party filing the document.

(e) Status of documents in appeal file. Documents contained in the appeal file are, without further action by the parties, a part of the record upon which the Board renders its decision, unless a party objects to the consideration of a particular document at or before the hearing or, if there is no hearing on the appeal, before closing the record. If objection to a document is made, the Board rules upon its admissibility into the record as evidence in accordance with Rules 17 and 23.

Rule 5. Service of documents. A copy of every written communication submitted to the Board shall be sent to every party to the dispute. Such communications shall be sent by delivering in person or by mailing, properly addressed with postage prepaid, to the opposing party or, where the party is represented by counsel, to its counsel. Each communication with the Board shall be accompanied by a statement, signed by the originating party, saying when how, and to whom a copy was sent.

Rule 6. Computation and extension of time limits-(a) Computation. Except as otherwise provided by law, in computing any period of time prescribed by these rules, or by any order of the Board, the day of the event from which the designated period of time begins to run is not included, but the last day of the period is included unless it is a Saturday, Sunday, or a legal holiday, in which case the period runs to the end of the next business day.

(b) Extensions. All requests for extensions of time shall be submitted to the Board in writing and shall state good cause for the request.

Rule 7. Motions. Motions are made by filing an original and two copies, together

with any supporting papers, with the Board. Motions may also be made upon the record, in the presence of the other party, at a prehearing conference or a hearing. The Board considers any timely motion:

(a) For extensions of time (Rule 6) or to cure defaults;

(b) To require that a pleading be made more definite and certain, or for leave to amend a pleading (Rule 14);

(c) To dismiss for lack of jurisdiction (Rule 34); to dismiss for failure to prosecute (Rule 36); or to grant summary relief because a pleading does not raise a justiciable issue;

(d) For discovery, for interrogatories to a party, or for the taking of depositions (Rules 18 and 19);

(e) To reopen a hearing; or to consider a decision (Rule 33); or

(f) For any other appropriate order.

The Board may, on its own motion, initiate any such action by notice to the parties. Unless a longer time is allowed by the Board, a party who receives a motion shall file any answering material within 20 days after the date of receipt. The Board makes an order on each motion that is appropriate and just to the parties, and upon conditions that will promote efficiency in disposing of the appeal. The Board may permit oral hearing or argument on motions, and may require the presentation of briefs.

ELECTION OF PROCEDURES

Rule 8. Appellant's Election of Procedures. (a) In every appeal the appellant is required to elect one of the following procedures:

(1) A hearing under the Board's regular procedure (Rule 12);

(2) A hearing under the small claims (expedited) procedure, if applicable (Rule 9);

(3) A hearing under the Board's accelerated procedure, if applicable (Rule 10); or

(4) Submission on the written record without a hearing (Rule 11). Also see Rule 11 with respect to the Government's right to waive a hearing.

(b) The small claims (expedited) procedure is available where the amount in dispute is $10,000 or less (Rule 9). The accelerated procedure is available where the amount in dispute is $50,000 or less (Rule 10). In deciding whether the small claims (expedited) or accelerated procedure is applicable to an appeal, any question regarding the amount in dispute shall be determined by the Board.

(c) The appellant's election of one of the above procedures shall be made in writing within 30 days after receipt of the appeal file unless such period is extended by the Board for good cause shown. The election may not be withdrawn except with permission of the Board and for good cause shown. Rule 9. The small claims (expedited) procedure. (a) The small claims (expedited)

procedure provides for simplified rules of procedure to facilitate the decision of an appeal, whenever possible, within 120 days from the date such procedure is elected.

(b) Promptly upon receipt of an appellant's election of the small claims (expedited) procedure, the assigned Administrative Judge shall take the following actions, if feasible, in an informal meeting or a telephone conference with both parties:

(1) Identify and simplify the issues in dispute;

(2) Establish a simplified procedure appropriate to the particular appeal;

(3) Determine whether the appellant desires a hearing and, if so, fix a time and place for the hearing; and

(4) Establish a schedule for the expedited resolution of the appeal.

(c) The subpoena power set forth in Rule 24 is available for use under the small claims (expedited) procedure.

(d) The filing of pleadings, motions, discovery proceedings or prehearing procedures will be permitted only to the extent consistent with the requirement of conducting the hearing at the scheduled time and place or, if no hearing is scheduled, of closing the record at an early time so as to permit a decision of the appeal within the 120 day time limit. The Board, in its discretion, may impose shortened time periods for any actions required or permitted under these rules, necessary to enable the Board to decide the appeal within the 120 day time limit, allowing whatever time, up to 30 days, that the Board considers necessary for the preparation of the decision after closing the record and the filing of briefs, if any.

(e) Decisions in appeals considered under the small claims (expedited) procedure are rendered by a single Administrative Judge. Written decisions of appeals considered under this procedure are short and contain only summary findings of fact and conclusions. If there has been a hearing on the appeal, the presiding Administrative Judge may, in his descretion, hear closing oral arguments of the parties and then render an oral decision on the appeal. Such decision will include summary findings of fact and conclusions. Whenever such an oral decision is rendered, the Board subsequently furnishes the parties with a written transcript of the oral decision for record and payment purposes and to commence the time period for the filing of a motion for reconsideration under Rule 33.

(f) Decisions of the Board under the small claims (expedited) procedure shall have no value as precedent. Except in cases of fraud, decisions rendered under the small claims (expedited) procedure may not be appealed by either party.

Rule 10. The accelerated procedure. (a) The accelerated procedure makes available