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22-1 General



22-60 Contract appeals



and is comprised of the Federal ProcureSec.

ment Regulations (referred to herein as 22–1.000 Scope of part.

FPR), and Community Services Admin

istration, Procurement Regulations (reSubpart 22-1.0~Introduction

ferred to herein as CSAPR, which are 22–1.001 Scope of subpart.

hereby established). This part describes 22-1.002 Purpose.

the method by which the Community 22-1.003 Authority.

Services Administration implements, 22-1.004 Applicability. 22-1.0041 (Reserved]

supplements, and may deviate from the 22–1.004–2 Relationship to the FPR

FPR, and sets forth policies and proced22–1.0043 Description.

ures which implement and supplement 22–1.004-4 Interim applications.

the FPR. 22–1.005 Exclusions. 22–1.006 Issuance.

Subpart 22-1.0 Introduction 22–1.006-1 Code arrangement.

§ 22-1.001 Scope of subpart. 22–1.006–2 Publication. 22–1.006-3 Copies.

This subpart sets forth introductory In22-1.007 Arrangement.

formation pertaining to the Community 22-1.007-1 General plan. 22-1.007-2 Numbering.

Services Administration Procurement 22-1.007-3 Citation.

Regulations (herein identified as 22-1.008 Agency implementation.

CSAPR). It explains the purpose of the 22-1.008-1 Sufixes.

CSAPR, the authority under which they 22-1.009 Deviations,

are issued, their relationship to the FedAUTHORITY: 63 Stat. 377, sec. 602, 78 Stat. eral Procurement Regulations, and their 528; 41 U.S.C. 201 note, 42 U.S.C. 2942. applicability, method of issuance, exclu

SOURCE: 31 FR 13001, Oct. 6, 1966, unless sions, and arrangement. It also outlines otherwise noted.

procedures for implementing, supple8 22–1.000 Scope of part.

menting, and deviating from the FPR. This part establishes & system of pro

8 22-1.002 Purpose. curement regulations and procedures ap- The Federal Procurement Regulations, plicable to procurement of property, as implemented, supplemented, or derights and services (including construc- viated from by the Community Services tion) necessary to the operations of the Administration Procurement Regulations Community Services Administration, Ex- set forth in this chapter, are hereby desecutive Office of the President. This sys- ignated as the authorized regulations tem is based upon the Federal Property governing the procurement of property, and Administrative Services Act of 1949, rights, and services (including construction) necessary to the operations of the otherwise specified herein; however, Community Services Administration, existing Community Services AdminisExecutive Office of the President.

tration procurement regulations, proce& 22–1.003 Authority.

dures, instructions, and requirements,

not in conflict with FPR, will remain in (a) The Community Services Admin- effect until superseded by an appropriate istration Procurement Regulations

CSAPR, or otherwise rescinded. (CSAPR) are prescribed pursuant to Title III of the Federal Property and

§ 22-1.005 Exclusions. Administrative Services Act of 1949 (63 (a) Certain Community Services AdStat. 377), as amended, and section 602 Administration procurement policies and (n) of Public Law 88-452, as amended procedures which come within the scope and the authority delegated to the Direc- of this Chapter 22 nevertheless may be tor of Contracts.

excluded when justified. The exclusions (b) Procurement instructions and pro- may include the following categories: cedures which are necessary to imple- (1) Policies or procedures effective for ment, supplement, or deviate from the

a period of less than 6 months. FPR, will be issued in the CSAPR by the

(2) Policies or procedures effective on Director of Contracts, when necessary to

an experimental basis for a reasonable accomplish Community Services Admin

period. istration procurement objectives.

(3) Policies and procedures pertain8 22–1.004 Applicability.

ing to other functions of the Community

Services Administration as well as to & 22–1.004-1 (Reserved)

procurement functions, and where there 8 22–1.004–2 Relationship to the FPR. is need to make the issuance available to

all Community Services Administration Material published in the FPR which

employees concerned. has Government-wide applicability, be

(4) Where speed of issuance is essencomes effective throughout the Community Services Administration upon the

tial, and numerous changes required in

this Chapter 22 cannot be made effective date cited in the particular FPR

promptly. material. Such material generally will

(b) Procurement policies and procenot be repeated, paraphrased, or other

dures issued under the authority of parawise stated in CSAPR except to the ex

graph (a) (3) and (4) of this section tent necessary to supplement, imple

will be codified into this Chapter 22 at ment, or deviate from the FPR.

the earliest practicable date, but in any 8 22-1.0043 Description.

event not later than six months from The meanings of CSAPR “implemen- date of issuance. tation," "supplementation," and "devia

§ 22-1.006 Issuance. tion" from the FPR includes the following:

8 22-1.006-1 Code arrangement. (a) "Implementation" means a part,

Community Services Administration subpart, section, etc., which treats the

Procurement Regulations which basically policies and procedures of a similarly numbered portion of the FPR in greater

or significantly implement, supplement detall or indicates the manner of com

or deviate from the Federal Procurement pliance, including any deviations. How- Regulations, Chapter 1 of this Title 41 ever, material in this Chapter 22 which of the Code of Federal Regulations, will differs from material in Chapter 1 of this be published as this Chapter 22 of this title (FPR) shall be regarded as a devia

Title 41, Code of Federal Regulations. tion only if explicitly reference to be a

8 22-1.006–2 Publication. deviation.

This Chapter 22 of this Title 41, Code (b) “Supplementation" means

of Federal Regulations will be published CSAPR coverage of matters which have

in the daily issues of the FEDERAL REGno counterpart in the FPR.

ISTER, and in cumulated form in the Code (c) “Deviation" is defined in FPR

of Federal Regulations. 1-1.009-1. 8 22-1.0044 Interim applications.

$ 22-1.006-3 Copies. The regulations in this chapter apply Copies of the Community Services Adto all Community Services Administra- ministration Procurement Regulations in tion procurement actions, except as the FEDERAL REGISTER and the Code of Federal Regulations form may be pur- 22-1.008 Agency implementation. chased by Federal agencies and the pub

& 22–1.008–) Suffixes. uc, at nominal cost from the Superintendent of Documents, Government

CSAPR's which may be issued to proPrinting Office, Washington, D.C. 20402. vide for special requirements of individ

ual programs will be identified by alpha8 22–1.007 Arrangement.

betical suffixes to the appropriate digit 8 22-1.007-1 General plan.

22 part, subpart, section, and subsection.

Such suffixes will be assigned when regThe Community Services Administra

ulations of this type are issued. tion Procurement Regulations (CSAPR) employ the same numbering system and $ 22-1.009 Deviations. nomenclature as the Federal Procure

Deviations from the FPR and CSAPR ment Regulations and conform with

shall be kept to a minimum and conFEDERAL REGISTER Standards approved for

trolled as follows: the FPR.

(a) Deviations in both individual 8 22-1.007–2 Numbering.

cases and classes of cases must be ap(a) This Chapter 22 has been allo- proved in advance by the Director of cated to the Community Services Admin

Contracts. Requests for approval of istration for implementing, supplement

such deviations may be initiated by Coning, and deviating from Chapter 1 of this

tracting Officers. They shall be subTitle 41 CFR, the Federal Procurement

mitted to the Director of Contracts. ReRegulations.

quests shall cite the specific parts of the (b) Where the CSAPR implements

FPR and CSAPR from which it is de(or deviates from) a part, subpart, sec

sired to deviate, shall set forth the nation, or subsection of the FPR, the im

ture of the deviations, and shall give the plementing part, subpart, section, or sub- reasons for the action requested. section of CSAPR will be numbered (and (b) If a requested deviation is concaptioned) to correspond to the part, sidered appropriate, approval will be acsubpart, section, or subsection of Chap- complished as follows: ter 1 of this title, CFR, the FPR.

(1) Where the deviation applies to an (c) Where the subject matter con- individual case, approval will be granted tained in a part, subpart, section, or sub

by memorandum addressed to the resection of FPR requires no implementa- questing officer with copies to interested tion, the CSAPR will contain no corre

offices. The contract file of the requestsponding part, subpart, section, or sub- ing office shall include a copy of the resection number and the subject matter quest and approval. as published in the FPR governs.

(2) Where the deviation applies to a (d) CSAPR's which supplement the

class of cases, necessary coordination FPR will be assigned an appropriate

with the General Services Administration number and title different from any as

will be accomplished by the Director of

Contracts. Such class deviations will be signed to an FPR.

issued as a part of CSAPR. 8 22-1.007-3 Citation.

(3) Where circumstances preclude the The Community Services Administra- obtaining of prior concurrence of the tion Procurement Regulations will be GSA, to a class of cases, the Director of cited in accordance with FEDERAL REGIS- Contracts may authorize a deviation. In TER standards approved for the FPR. such an instance, the Director of ConThus this section, when referred to in tracts shall inform the GSA of the deviasections of the Community Services Ad- tion and circumstances under which it ministration Procurement Regulations, was required. should be cited as “$ 22-1.007-3 of this (c) The requesting office will be chapter." When this section is referred notified by memorandum, with copies to to formally in official documents, such other interested offices, whenever a reas legal briefs, it should be cited as “41 quested deviation is disapproved. CFR 22–1.007-3." Any section of Com

(d) In emergency situations involving munity Services Administration Pro

individual cases, deviation approvals may curement Regulations may be informally be processed by telephone and later conidentified, for purposes of brevity, as firmed in writing. CSAPR followed by the section number, (e) Requests for deviations may be i.e., "CSAPR 22–1.007–3.”

made at any time. New FPR issuances



should be reviewed upon receipts, so that $ 22-60.001 Definitions. requests for deviations can be acted upon

As used in the contract appeal regulaprior to the effective date, whenever tions in this part: practicable.

(a) “Assistant Director" means the

Assistant Director for Management of PART 22-60_CONTRACT APPEALS the Community Services Administration.

(b) “Board” means the Board of Seo.

Contract Appeals established pursuant 22-60.000 Scope of part. 22-80.001 Doinitions.

to the regulations in this part and in

cluded individual members of the Board Subpart 22-60.1-Board of Contract Appeals

exercising the powers of the full Board Establishment and Functions

in connection with prehearing confer22-60.101 Scope of subpart.

ences and hearings at which they have 22-60.102 Determination of appeals.

been designated to preside pursuant to 22-60.103 Establishment and membership $ 22–60.210 or $ 22-60.211. of the Board.

(c) "Contracting Officer" means the 22-60.104 Functions of the Board.

contracting officer or administrative or Subpart 22-60.2-Appeal Procedures successor contracting officer designated

under a Community Services Adminis22-60.201 scopo of subpart.

tration contract from whose decision an 22-60.202 Notice to contractor of appeals procedures.

appeal has been taken under the “Dis22-60.203 Mling of notice of appeal.

putes" clause of the contract. 22-60.204 Form and content of notice of (d) “General Counsel” means the appeal.

General Counsel of the Community Sery22-60.205 Duties of the Contracting om. ices Administration or any attorney in cer.

the General Counsel's Office who has 22-60.206 Designation of Board, delega- been designated to represent the Gov

tion of inal decision power; ernment as respondent in connection &ppeal file.

with an appeal under the regulations in 22-60.207 Optional procedure for appeals. this part. 22-60.208 Submission without a hearing.

(e) "Parties," "Appellant," and "Gov22-60.209 Settlement; withdrawal of ap

ernment" include duly authorized attorpeal.

neys and other representatives appear22-80.210 Pre-hearing conference.

ing for the parties, the appellant, or the 22-60.211 Hearings.

Government in connection with an ap22-60.211-1 Notice and where held. 22-60.211-2 Representation.

peal under the regulations in this part. 22-60.211-3 Absence of parties.

Subpart 22-60.1-Board of Contract 22-60.2114 Nature of hearings; evidence.

Appeals Establishment and Func22-60.211-5 Examination of witnesses. 22-60.211-6 Copies of documents.

tions 22–60.211-7 Posthearing briefs.

§ 22–60.101 Scope of subpart. 22–80.211-8 Transcript of proceedings. 22-60.211-9 Withdrawal of exhibits.

This subpart describes the establish22-60.212 Submission of additional infor- ment, membership, and functions of the mation at Board's request.

Board of Contract Appeals of the Com22-60.213 Communications between par

munity Services Administration. ties and the Board; evidenco

8 22-60.102 Determination of appeals. of service. 22-60.214 Findings, recommendations,

Determination of appeals from deciand decision.

sions of contracting officer shall be made

by the Assistant Director after receipt of AUTHORITY: 42 U.S.C. 2942(n).

findings and recommendations by a SOURCE: 31 FR 6625, May 4, 1966, unless

Board, or by the Board itself pursuant to otherwise noted.

delegation of the Assistant Director in 8 22–60.000 Scope of part.

accordance with $ 22-60.206(a). This part established policies and pro- § 22-60.103 Establishment and cedures regarding appeals from decisions bership of the Board. of contracting officers filed pursuant to

(a) Members of the Board shall be “Disputes" clauses of contracts entered

designated by the Assistant Director and into by the Community Services Admin- shall consist of a chairman and two assoistration.

ciate members. At least one of the mem


bers shall be either an attorney or & by the appellant's duly authorized reprequalified hearing examiner. No person sentative or attorney. The notice shall shall be designated as a member of the be addressed to the Contracting Oficer Board if he has participated in or has or the Assistant Director and shall be any interest, direct or indirect, in the malled or otherwise filed with the Conawarding or administering of the con- tracting Officer whose decision is being tract in dispute, if he is engaged at the disputed. The notice of appeal must be time in the administration of a related malled or otherwise filed within the time or similar contract, or if he is a member specified in the contract. of the General Counsel's Office of the

8 22-60.204 Form and content of notice Community Services Administration.

of appeal. When he deems appropriate, the Assistant Director may designate a person

The notice of appeal should indicato from the academic community or from that an appeal is thereby intended and industry to serve as a member of the should include the following informaBoard.

tion: (b) In all cases under the regulations

(a) Identification of the contract inin this part requiring action by the full

volved; Board, majority vote shall govern. A

(b) The specific decision of the Conquorum of the full Board for purposes of

tracting Officer from which the appeal is doing business shall consist of two taken, including the date and form of members.

such decision;

(c) The specific portion or portions $ 22-60.104 Functions of the Board.

of the findings of fact or decision from (a) The Board shall perform all acts which the appeal is being taken, and the and make all orders and rulings neces- reasons why such findings or decisions sary and appropriate in connection with are deemed erroneous; the procedures specified in Subpart 22- (d) The relief sought by the appellant, 80.2 of this part and shall perform such end other duties as may be delegated to it by (e) Whether the appellant wishes a the Assistant Director.

hearing or is willing to have the appeal (b) The Board may in its discretion decided on the basis of written submishear, consider, and make findings and sions. recommendations on all questions which

8 22-60.205 Duties of the Contracting It deems appropriate for the complete Officer. adjudication of the issues involved in the appeal, including questions of law.

Upon receipt of the notice of appeal,

the Contracting Officer shall promptly Subpart 22-60.2—Appeal Procedures

acknowledge receipt thereof in writing 8 22-60.201 Scope of subpart.

to the appellant, enclosing a copy of the

contract appeal regulations in this part, This subpart sets forth the procedures

and shall transmit a copy of such acgoverning the filing and disposition of an

knowledgment to the Assistant Director appeal.

together with the appeal file consisting 8 22-60.202 Notice to contractor of ap- of the documents specified in $ 22-60.206 peals procedures.

and a separate listing by title and date Whenever & contractor protests & de

of such documents. A copy of the accision of the Contracting Officer made knowledgment shall be transmitted sipursuant to a contract “Dispute" clause multaneously to the General Counsel. or otherwise advises the Contracting Oi- The Contracting Officer may retain a duficer of an intention to contest or appeal plicate copy of the appeal file. In any such a decision, the Contracting Officer case where the notice of appeal does not shall promptly make available to the specify whether a hearing is desired, the contractor (hereafter called the “appel- letter of acknowledgment shall speciflant") a copy of the contract appeals cally call the appellant's attention to the regulations in this part.

provisions of $8 22–60.207 and 22-60.208. 8 22-60.203 Filing of notice of appeal. $ 22-60.206 Designation of Board, deleNotice of an appeal must be in writing

gation of final decision power; apand signed personally by the appellant,

peal file. by an officer of the appellant corpora- (a) After the Assistant Director has Hon, or member of the appellant firm, or received notification of the appeal, he

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