§ 29-60.210 Prehearing conference.

Whether the case is to be submitted pursuant to § 29-60.211, or heard pursuant to § 29-60.217, the Board may upon its own initiative, or upon the application of either party, call upon the parties to appear before a member of the Board for a conference to consider:

(a) The simplification or clarification of the issues;

(b) The possibility of obtaining stipulations, admissions, agreements on documents, understandings on matters already of record, or similar agreements which will avoid unnecessary proof;

(c) The limitation of the number of expert witnesses, or avoidance of similar cumulative evidence, if the case is to be heard;

(d) The possibility of agreement disposing of all or any of the issues in dispute; and

(e) Such other matters as may aid in the disposition of the appeal.

Such conferences shall be on the record at the discretion of the presiding Board member. The results of the conference shall be reduced to writing by the presiding Board member, and this writing or any transcript of the conference shall thereafter constitute part of the record. § 29-60.211 Submission without a hear

ing.

Where neither party desires a hearing, and the Board does not require one, the Board's decision will be based upon the available record as furnished by the parties.

§ 29-60.212 Optional accelerated procedure.

(a) An appeal involving sums not in excess of $10,000 shall be handled under this rule at the written request of the appellant and upon concurrence of the Board.

(b) The appeal will be decided on the basis of the available record as furnished by the parties unless a hearing has been requested by either party, or unless the Board orders a hearing.

(c) With the concurrence of the Government, the appeal shall be decided by the chairman of the panel to which the appeal has been assigned. For this purpose, the chairman of the panel is vested with all the authority and power of the full Board to hear, consider, and decide the appeal. At the discretion of the panel

A case submitted on the record pursuant to § 29-60.211 or § 29-60.212 shall be ready for decision when the parties are so notified by the Board. A case which is heard shall be ready for decision upon receipt of transcript, or upon receipt of briefs when briefs are ordered to be submitted by the Board.

§ 29-60.213-2 Record bases for decision.

The record shall consist of the appeal file described in § 29-60.205-1, and any additional material, pleadings, briefs, records of conferences, depositions, interrogatories and answers, admissions, transcripts of hearing, and hearing exhibits.

§ 29-60.213-3 Availability of record.

This record will at all times be available for inspection by the parties at the office of the Board. In the interest of convenience, prior arrangements for inspection of the file should be made with the Clerk of the Board. Copies of material in the record may, if practicable, be furnished to appellant at the cost of reproduction.

§ 29-60.214-3 Use as evidence.

No testimony taken by deposition shall be considered as part of the evidence in the hearing of an appeal unless and until such testimony is offered and received in evidence at such hearing. Testimony will not ordinarily be received in evidence if the deponent is present and can testify personally at the hearing. In such instance, however, the deposition may be used to contradict or impeach the testimony of the witness given at the hearing. In cases otherwise decided on the record, the Board may, on motion of either party and in its discretion, receive depositions as evidence in supplementation of that record.

§ 29-60.214-4 Expenses.

All expenses of taking the deposition of any person shall be borne by the party taking that deposition, except that the other party shall be entitled to copies of the transcript of the deposition upon paying therefor.

§ 29-60.215 Interrogatories to parties, production and inspection of docu

ments.

§ 29–60.215-1 Interrogatories to parties.

After an appeal has been filed with the Board, a party may serve on the other party written interrogatories to be answered separately in writing, signed under oath and returned within 30 days from date of service. Upon timely objection by the party, the Board will determine the extent to which the interrogatories will be permitted. The scope and use of interrogatories will be controlled by § 29-60.214.

§ 29-60.215-2 Production and inspection of documents.

Upon motion of any party showing good cause therefor, and upon notice, the Board may order the other party to produce and permit the inspection and copying or photographing of any designated documents or objects, not privileged, specifically identified, and their relevance and materiality to the cause or causes in issue explained, which are reasonably calculated to lead to the discovery of admissible evidence. If the parties cannot themselves agree thereon, the Board shall specify just terms and conditions of making the inspection and taking the copies and photographs.

§ 29-60.216 Service of papers.

Except where these rules specifically provide for service of documents by the Board, all motions, answers, briefs, notices, and all other papers filed with the Board shall be served by the filing party on the opposing party. Service shall be made by delivering in person or by mailing, properly addressed with postage prepaid, one copy of the document to the opposing party or its counsel. There shall be attached to the original of each document filed with the Board a certificate of service signed by the filing party stating that service has been made.

§ 29-60.217 Hearings.

§ 29-60.217-1 Where and when held.

Hearings ordinarily will be held in Washington, D.C., except that upon request and upon good cause shown, the Board may, in its discretion, set the hearing at another location. Hearings will be scheduled at the discretion of the Board with due consideration to the regular order of appeals and other pertinent factors. On request or motion by either party and upon good cause shown, the Board may, in its discretion, advance or postpone a hearing.

§ 29-60.217-2 Notice of hearings.

The parties shall be given at least 15 days' notice of the time and place set for hearings. In scheduling hearing dates, the Board will give due regard to the desires of the parties, and to the requirement for just and inexpensive determination of appeals without unnecessary delay. Notice of hearing shall be acknowledged promptly by the parties. A party failing to acknowledge a notice of hearing shall be deemed to have submitted the case upon the Board record as provided in § 29-60.211. § 29-60.217-3

party.

Unexcused absence of a

The unexcused absence of a party at the time and place set for hearings will not be occasion for delay. In the event of such absence, the hearing will proceed and the case will be regarded as submitted by the absent party as provided in § 29-60.211.

§ 29-60.217-4 Nature of hearings.

Hearings will be as informal as reasonably permissible, and will seek to provide the Board with the pertinent

Witnesses before the Board may be examined orally under oath or affirmation, unless the facts are stipulated, or the presiding Board member shall otherwise order. If the testimony of a witness is not given under oath, the presiding Board member may, if he deems it expedient, warn the witness that his statements may be subject to the provisions of 18 U.S.C. 287 and 1001, and any other provisions of law imposing penalties for knowingly making false representations in connection with claims against the United States or in any matter within the jurisdiction of any department or agency thereof.

§ 29-60.217-6 Copies of papers.

(a) All documents offered in evidence at a hearing must be submitted in triplicate.

(b) When books, records, papers, or documents have been received in evidence, a true copy thereof, or of such part thereof as may be material or relevant, may be substituted therefor during the hearing or at the conclusion thereof. § 29-60.217-7 Posthearing submissions.

Unless otherwise directed by the Board, the parties will submit simultaneous briefs within 30 days of the receipt of the transcript, and reply briefs within 20 days of receipt of the initial briefs.

§ 29-60.217-8 Transcript of proceedings.

Testimony and argument at hearings shall be reported verbatim. Transcripts of the proceedings shall be supplied to the parties at such rates as may be fixed by contract between the Department and the reporting firm.

§ 29-60.217-9 Withdrawal of exhibits. After a decision has become final, the Board may, upon request and after notice

to the other party, in its discretion, permit the withdrawal of original exhibits, or any part thereof, by the party entitled thereto. The substitution of true copies of exhibits or any part thereof may be required by the Board in its discretion as a condition of granting permission for such withdrawal.

§ 29-60.218 Representation of parties. § 29-60.218-1 Representation of appellant.

An appellant may appear before the Board in person or may be represented by counsel or by any other duly authorized representative.

§ 29-60.218-2 Representation of Gov.

ernment.

Counsel designated by the Solicitor of Labor shall represent the interests of the Department before the Board. They shall file notices of appearance with the Board, and notice thereof will be given appellant or his attorney in the form specified by the Board from time to time. Whenever it appears that appellant and the Solicitor's Office are in agreement as to disposition of the controversy, the Board may suspend further processing of the appeal in order to permit reconsideration by the contracting officer: Provided, however, That if the Board is advised by either party that the controversy has not been disposed of by agreement, the case shall be restored to the Board's docket. § 29-60.219 Decisions of the Board.

Decisions of the Board will be made in writing and a certified copy thereof will be forwarded to appellant. Copies also will be sent to the Solicitor of Labor and to the contracting officer. § 29-60.220

tion.

Motions for reconsidera

A motion for reconsideration, if filed by either party, shall set forth specifically the ground or grounds relied upon to sustain the motion, and shall be filed within 30 days from the date of the receipt of a copy of the decision of the Board by the party filing the motion. The opposing party shall have the right to file an answer to such motion within 30 days from the date of receipt of the motion for reconsideration, and either party shall have the right to request an oral argument. Reconsideration of a decision, which may include oral argument, may be granted if, in the judgment of the Board, sufficient reason therefor appears.

§ 29-60.221 Dismissal without prejudice.

Where appeals docketed before the Board are required to be placed in a suspense status and the Board is unable to proceed with disposition thereof for reasons not within the control of the Board, and in any such case where the suspension has continued, or it appears that it will continue for an inordinate length of time, the Board may, in its discretion, dismiss such appeals from its docket without prejudice to their restoration when the cause of suspension has been removed.

§ 29-60.222

Remands from courts.

Whenever any matter is remanded to the Board from any court for further proceeedings, each of the parties shall, within 20 days of such remand, submit a report to the Board, recommending procedures to be followed in order to comply with the court's order. The Board will review the reports and enter special orders governing the handling of matters remanded to it for further proceedings by any court, to the extent the court's directive and time limitations will permit, such orders will conform to these rules. § 29-60.223 Standards of conduct.

No member of the Board shall consider an appeal if he has participated in the awarding or administration of the contract in question. There shall be no communication between any party to an appeal and a Board member or Board employee concerning the merits of the appeal, unless such communication (if written) is also furnished to the other party. The Board also shall exercise care to avoid receiving, except as part of the formally established appeal record, any information having a substantial bearing upon an appeal from persons who do not represent a party in the appeal, but nonetheless have an interest in the decision to be rendered.

Subpart 29-60.3-Transitional

(a) Every contract or grant entered into by the Secretary or his representative under the authority of the Manpower Development and Training Act of 1962, as amended, the Economic Opportunity Act of 1964, as amended, or title IV of the Social Security Act, as amended, shall contain a warranty by the contractor or grantee to the effect that no individual retained or hired by the contractor or grantee has performed or will perform representational activities before the Department of Labor if such individual was formerly employed in the Office of the Assistant Secretary for Manpower, the Manpower Administration, or any subdivision thereof in a position GS 14 or above within 2 years prior to the performance of such representational activities. The warranty clause shall provide that, in the event of breach or violation, the Department shall have the right to annul the contract or grant without liability to the Government, if the Department determines in its discretion, that the circumstances so warrant and that it is in the interest of the Government to do so. For the purposes of this paragraph, representational activities shall mean any appearance, conversation, or other direct contact in relation to the contract or grant between the former employee and any employee of the Department of

Labor and shall include telephone conversations and any correspondence with the Department or any subdivision or employee thereof.

(b) The Secretary or his authorized representative shall establish a debarred list consisting of those persons or firms, corporations, concerns, private agencies or organizations which, after compliance with the procedural requirements set forth in § 1-1.604-1 of Title 41 of the Code of Federal Regulations, he has found to have violated the clause required under paragraph (a) of this section. He shall transmit this list to the General Services Administration. No contract or grant shall be awarded by the Department of Labor or any subdivision thereof to any of those on this debarred list or to any concern, corporation, firm, partnership, association, private agency or organization in which any of those on the debarred list has a controlling interest, for a period of 2 years from the time the individual, firm, corporation, concern, partnership, association, private agency or organization is placed on the list, unless the Secretary or his authorized representative otherwise provides.

§ 29-61.2 Special review procedures.

In the case of any contract or grant of the kind described in § 29-61.1(a), a special review staff in the Office of the Assistant Secretary for Manpower shall review, prior to award, any such contract or grant to any firm or private agency or organization in which an individual is employed in an executive capacity who was formerly employed in the Office of the Assistant Secretary for Manpower, the Manpower Administration, or any subdivision thereof. The review shall be for the purpose of recommending to the Assistant Secretary for Manpower whether there are any facts or circumstances which would indicate impropriety or conflict of interest. The recommendation shall be reviewed and acted upon by the Assistant Secretary for Manpower. § 29-61.3

tions.

Application of these regula

The regulations in this part shall be effective with regard to all contracts or grants entered into pursuant to invitations for bids issued or negotiations commenced on or after the effective date of these regulations.