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facts and the positions of the parties as a to the other party, in its discretion, perbasis for the Board's decision or recom- mit the withdrawal of original exhibits, mendation. The parties may offer such or any part thereof, by the party entitled relevant evidence or argument as they thereto. The substitution of true copies deem appropriate; subject, however, to of exhibits or any part thereof may be the exercise of reasonable discretion by required by the Board in its discretion as the presiding member of the Board in & condition of granting permission for supervising the extent and manner of such withdrawal. presenting such evidence. The weight to
8 29-60.218 Representation of parties. be attached to any evidence presented will be determined by the Board.
8 29–60.218-1 Representation of appel
lant. 8 29–60.217-5 Examination
An appellant may appear before the
Board in person or may be represented Witnesses before the Board may be ex
by counsel or by any other duly authoramined orally under oath or affirmation,
ized representative. unless the facts are stipulated, or the presiding Board member shall otherwise
§ 29–60.218–2 Representation of Gov.
ernment. order. If the testimony of a witness is not given under oath, the presiding Counsel designated by the Solicitor of Board member may, if he deems it ex- Labor shall represent the interests of the pedient, warn the witness that his state- Department before the Board. They shall ments may be subject to the provisions of
file notices of appearance with the Board,
and notice thereof will be given appellant 18 U.S.C. 287 and 1001, and any other
or his attorney in the form specified by provisions of law imposing penalties for
the Board from time to time. Whenever knowingly making false representations
It appears that appellant and the Solicin connection with claims against the
itor's Office are in agreement as to disUnited States or in any matter within
position of the controversy, the Board the jurisdiction of any department or
may suspend further processing of the agency thereof.
appeal in order to permit reconsideration 8 29–60.217–6 Copies of papers.
by the contracting officer: Provided, how
ever, That if the Board is advised by (a) All documents offered in evidence
either party that the controversy has not at a hearing must be submitted in tripli- been disposed of by agreement, the case cate.
shall be restored to the Board's docket. (b) When books, records, papers, or documents have been received in evi
§ 29-60.219 Decisions of the Board. dence, a true copy thereof, or of such Decisions of the Board will be made part thereof as may be material or rele- in writing and a certified copy thereof vant, may be substituted therefor during will be forwarded to appellant. Copies the hearing or at the conclusion thereof.
also will be sent to the Solicitor of Labor
and to the contracting officer. $ 29–60.217–7 Posthearing submissions.
$ 29-60.220 Motions for reconsideraUnless otherwise directed by the Board,
tion. the parties will submit simultaneous briefs within 30 days of the receipt of the
A motion for reconsideration, if filed by
either party, shall set forth specifically transcript, and reply briefs within 20
the ground or grounds relied upon to susdays of receipt of the initial briefs.
tain the motion, and shall be filed within $ 29–60.217_8 Transcript of proceed- 30 days from the date of the receipt of a ings.
copy of the decision of the Board by the Testimony and argument at hearings
party filing the motion. The opposing shall be reported verbatim. Transcripts
party shall have the right to file an anof the proceedings shall be supplied to
swer to such motion within 30 days from the parties at such rates as may be fixed
the date of receipt of the motion for reby contract between the Department and
consideration, and either party shall have the reporting firm.
the right to request an oral argument.
Reconsideration of a decision, which may & 29-60.217-9 Withdrawal of exhibits.
include oral argument, may be granted lf, After a decision has become final, the in the judgment of the Board, suficient Board may, upon request and after notice reason therefor appears.
processed in accordance with Department of Labor appeals procedures heretofore in effect. All other appeals pending in the Department on such date shall be processed under the procedures in effect at the time the notice of appeal was filed.
$ 29-60.221 Dismissal without preju
dice. 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
Provisions & 29-60.301 Appeals in progress.
All appeals pending before the General Services Administration Board of Contract Appeals on the effective date of the rules in this part (1.e., those with respect to which a notice of appeal had been properly filed before such date) shall be
PART 29-61-PROVISIONS REGARD
ING AWARDS TO CONTRACTORS
AUTHORITY: The provisions of this Part 29-61 issued under 80 Stat. 379; 5 U.S.C. 301.
SOURCE: The provisions of this Part 29-61 appear at 35 F.R. 8483, Apr. 23, 1970, unless otherwise noted. $ 29-61.1 Limitations representa
tion. (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 Ofice 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 liabllity 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 Ust 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 Ofice 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 Application of these regula
tions. 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.