Page images

shall designate the Board in accordance with the provisions of § 22-60.103 and shall transmit the appeal file to the Board Chairman. Simultaneously the Assistant Director may also delegate to the Board the power of final decision in the matter being appealed. The Board Chairman shall send a copy of the notice of designation, including any delegation of final decision power and the list of documents in the appeal file, to the appellant and to the General Counsel,

(b) The file shall consist of the original, whenever possible, or copies of all documents pertinent to the appeal, including the following:

(1) Notice of appeal.

(2) The findings of fact or decision of the Contracting Officer from which the appeal is taken.

(3) The invitation for bids or proposals, the contract, pertinent plans and specifications amendments, and change orders.

141 All correspondence between the parties relating to or pertinent to the dispute. (5) Transcripts

of any

testimony taken in connection with the dispute prior to the filing of the appeal, and affidavits or statments of any witnesses which were considered by the Contracting Officer in reaching decision being appealed.

(6) Any additional data that the Contracting Officer may consider pertinent.

(c) Upon receipt of the appeal file, the Board Chairman shall provide both the appellant and the General Counsel with a listing of the appeal file contents and shall notify them where the file may be examined. Each party may furnish or suggest additional documentation deemed pertinent to the appeal. The appeal file shall be available for examination by the parties or their counsel or representatives at the office of the Board Chairman, or at the office of the Contracting Officer. 8 22-60.207 Optional procedure for ap

peals. In order to eliminate the costs of a hearing to the contractor and to the Government on appeals involving relatively small amounts, and to expedite the decisions on such appeals, appeals may be considered without a hearing in accordance with the provisions of $ 22–60.208, unless a hearing has been requested by either party within 20 days after receipt of the Contracting Officer's letter of

acknowledgment of the notice of appeal or unless the Board orders a hearing. § 22-60.208 Submission without a hear

ing. Where neither party desires a hearing, and the Board does not order one, the Board's findings and recommendations will be based upon the appeal file and such written submissions (including briefs) as the parties may submit on their own initiative or at the request of the Board. In all such cases the Board shall determine the time schedule for written submissions. $ 22–60.209 Settlement; withdrawal of

appeal. A dispute may be settled at any time before decision by written stipulation between the appellant and the Contracting Oficer, or their counsel or representatives, subject to the approval of the Assistant Director (or the Board in cases where final decision has been delegated to the “Board”). If only part of the dispute is settled, the appeal shall continue as to any issues remaining in dispute. At any time prior to decision the appellant may withdraw the appeal with prejudice, by written notice to the Board. 8 22–60.210 Pre-hearing conference.

(a) The Board, upon the request of either party, or in its own discretion, may call the parties to a prehearing conference to consider the following:

(1) Simplification or clarification of the issues.

(2) Possibility of obtaining stipulations, admissions of fact, and agreement respecting the introduction of documents.

(3) Limitation of the number of expert witnesses.

(4) Possibility of agreement disposing of all or any of the issues in dispute.

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

(b) A member of the Board may be designated to conduct the prehearing conference. The results of the conference including any stipulations by the parties, shall be reduced to writing by the presiding member and shall be made part of the record. § 22-60.211 Hearings. $ 22-60.211-1 Notice and where held.

In cases where a hearing has been requested or has been ordered by the Board, the parties will be given a minimum of

20 days notice in writing of the time and 8 22–60.211-7 Posthearing briefs. place of the hearing. Hearings will

Posthearing briefs may be submitted normally be held in Washington, D.C.,

upon such terms as may be ordered by unless the Board is satisfied that fair

the Board at the conclusion of the hearness to one or both of the parties requires

ing. Unless otherwise ordered by the a different hearing place. The Board

Board, the briefs of both parties shall may designate one of its members to

be served and filed within 30 days after conduct the hearing and to take all ac

the hearing transcript is received. tions and make all rulings in connection with the conduct of the hearing which

8 22-60.211-8 Transcript of proceedthe full Board could make pursuant to

ings. the regulations in this part. In all such Hearings shall be reported verbatim cases the designated member shall be an unless the Board orders otherwise. attorney or a qualified hearing examiner.

Copies of transcripts of proceedings can $ 22—60.211-2 Representation.

be obtained by appellants by ordering

same from the public reporter and paying An appellant may appear before the

the cost thereof. Board in person, or may be represented by counsel or hy any other duly author

8 22-60.211-9 Withdrawal of exhibits. ized representative.

After a decision has become final, upon & 22-60.211-3 Absence of parties.

request and after notice to the other

party, the Board may in its discretion The unexcused absence of a party or

permit the withdrawal of original exhis authorized representative at the time

hibits, or any part thereof, by the party and place set for the hearing will not be

entitled thereto. The substitution of the occasion for delay of the hearing.

certified true copies of exhibits or any In such event, the hearing will proceed

part thereof may be required by the and the case will be regarded as sub

Board in its discretion as a condition of mitted on the record by the absent party,

granting permission for such withdrawal. or the Board may, in its discretion and with the consent of the present party,

$ 22—60.212 Submission of additional cancel the hearing and treat the appeal

information at Board's request. as submitted on the written record.

The Board may request either party at & 22-60.2114 Nature of hearings; evi

any stage of an appeal proceeding to dence.

furnish any information which the

Board deems necessary or desirable in Hearings will be informal and will seek

connection with its consideration of the to provide the Board with the pertinent appeal. Submission thereof shall be facts and positions of the parties. The made within a reasonable time limit to be Board shall not be bound by formal rules specified by the Board. of evidence. The parties shall be per

8 22-60.213 Communications between mitted reasonable latitude to present

parties and the Board; evidence of such relevant and trustworthy evidence

service. and such arguments as they deem appro

(a) Copies of all briefs, pleadings, nopriate. However, the Board, in its dis

tices and other communications between cretion, may limit the extent and manner

a party and the Board shall be simultaof presentation and may exclude repeti

neously served upon the other party, extious material.

cept that in the case of lengthy written 8 22–60.211-5 Examination of wit. material placed in the appeal file pursu

ant to $ 22-60.206 or 8 22-60.212, it shall Witnesses may be excused from testi

be sufficient to serve upon the other party fying under oath, in the discretion of the

a description of the material in question Board. All witnesses may be examined

and the date of its transmission for the or cross-examined by the members of

file. All written communications by a the Board, the parties, or their repre

party to the Board shall contain or be sentatives.

accompanied by evidence of simultane

ous service upon the other party by 8 22-60.211-6 Copies of documents.

means of personal delivery or by mail. Accurate copies of documents may be (b) Except as provided in § 22-60.211accepted in evidence it submission of 3, all communications between one party original documents is not practicable. to a pending appeal and members of the


Board which relate to the merits of the appeal shall be made in the presence of the other party, if oral, or shall be served upon the other party in accordance with paragraph (a) of this section, if written. 8 22–60.214 Findings, recommendations,

and decision. (a) In cases where the Board has not been delegated the power of final decislon, it shall submit its written findings and recommendations to the Assistant Director. The Assistant Director may accept, modify or reject the Board's findIngs and recommendations, and in his discretion he may direct that copies thereof be served upon the parties and that they be given such opportunity as he may specify to comment orally or in writing prior to making his decision. The decision of the Assistant Director in such

cases shall be final and conclusive within the meaning of the Disputes clause of the contract.

(b) In cases where pursuant to $ 2260.206(a) the Assistant Director has delegated to the Board the power of final decision, the Board's findings and deci. sion shall be final and conclusive within the meaning of the "Disputes," clause of the contract.

(c) Every final decision pursuant to paragraphs (a) and (b) of this section and all findings and recommendations of the Board pursuant to paragraph (a) of this section shall be based upon substantial evidence of record.

(d) A copy of each decision shall be furnished to both parties to the appeal and shall be available for public inspection at the ofice of the Contracting Omicer.



23-1 General . .
23–3 Procurement by negotiation
23–4 Special types and methods of procurement
23–7 Contract clauses
23–50 Grants
23-51 Delegations of procurement authority
23-52 Patents, data and copyrights


29 33 37 38 46 53 56


Sec. Sec.


substantially owned or 23-1.000 Scope of part.

trolled by Government em

ployees. Subpart 23-1.1-Introduction

23-1.917 Noncollusive bids and proposals

23-1.350 Execution of contracts. 23-1.100 Scope of subpart.

23-1.362 Fraud against the Government 23-1.101 Establishment of ACDA pro

and other violations of law. curement regulations. 23-1.102 Relationship of ACDAPR Chap- Subpart 23-1.4-Procurement Authority and ter 23 to the FPR.

Responsibility 23-1.103 Authority.

23-1.402 23-1.104 Applicability.

Authority of contracting officers.

23-1.404-2 Designation. 23-1.106 Exclusions.

23-1.404-8 Termination of designation. 23-1.106 Issuance.

23-1.450 23-1.106-1 Code arrangement.

Contracting officers' representa

tives. 23-1.106-2 Publication.

23-1.461 23–1.106-3 Copies.

Assignment of duties to con

tracting oficers in other 23-1.107 Arrangement. 23-1.107-1 General Plan


23-1.452 23-1.107-2 Numbering.

Avallability of funds. 29–1.107-8 Citation.

AUTHORITY: The provisions of this part 23-1.108 (Reserved]

23-1 Issued under the authority of sec. 23-1.109 Deviation.

205(c), 63 Stat. 390; 40 0.8.0. 486(c); secs.

31 and 41, 76 Stat. 631, 22 0.8.0. 2571 and Subpart 23-1.2-Definition of Torm,

2581. 23-1.201 Definitions.

SOURCE: The provisions of this Part 23-1 23–1.204 Head of the Agency.

appear at 33 F.R. 19226, Dec. 24, 1968, unless 23–1.206 Procuring activity.

otherwise noted. 23-1.206 Head of the procuring activity 29-1.250 ACDA.

$ 23-1.000 Scope of part. 23-1.261 Agency.

This part describes the method by 29-1.252 Director.

which the U.S. Arms Control and DisSubpart 23-1.3-General Policies

armament Agency implements and sup23-1.302 Procurement sources

plements the Federal Procurement Reg. 29-1.302–3 Contracts between the Govern. ulations, and contains procedures which

ment and Government em- implement and supplement Part 1-1 of ployees or business concerns the Federal Procurement Regulations.

Subpart 23-1.1- Introduction indicates that the FPR is applicable as

written $ 23-1.100 Scope of subpart.

§ 23–1.103 Authority. This subpart establishes Chapter 23 of the Federal Procurement Regulations

The U.S. Arms Control and DisarmaSystem, and states its relationship to the ment Agency Procurement Regulations Federal Procurement Regulations (FPR), are prescribed by the Director of the and to other instructions governing con- Agency pursuant to the Arms Control tracting and procurement operations of

and Disarmament Act, and the Federal the U.S. Arms Control and Disarmament

Property and Administrative Services Act Agency (ACDA).

of 1949, as amended. $ 23-1.101 Establishment of ACDA pro

$ 23–1.104 Applicability, curement regulations.

Chapter 23 applies to all contracts for This subpart establishes the U.S. Arms

the procurement of personal property Control and Disarmament Agency Pro

and services (including construction) curement Regulations (ACDAPR), AS

and the procurement of real property by prescribed by the Director of the Agency

lease, with U.S. private or public institufor the procurement of personal prop

tions and persons. Unless otherwise speerty and services (including construc

cifically stated, Chapter 23 does not apply tion) and the procurement of real prop

to grants. erty by lease. Section 31 of the Arms Con

$ 23-1.105 Exclusions. trol and Disarmament Act (22 U.S.C.

Certain ACDA policies and procedures 2571) authorizes and directs the Director

within the scope of Chapter 23 may of the Agency to exercise his powers in

nevertheless be excluded when authorsuch a manner as to insure the acquisi

ized by the Director. These exclusions tion of a fund of theoretical and practi.

include the following categories: cal knowledge concerning disarmament.

(a) Subject matter which bears a seTo this end the Director is authorized and

curity classification. directed, under the direction of the Presi

(b) Policies or procedures which are dent, to insure the conduct of research,

expected to be effective for a period of development, and other studies in the

less than 6 months. field of arms control and disarmament,

(c) Policies or procedures which are and to make arrangements (including

being instituted on an experimental contracts, agreements, and grants) for

basis for a reasonable period. the conduct of research, development,

(d) Where speed of issuance is essenand other studies in the field of arms

tial, and numerous changes in this Chapcontrol and disarmament by U.S. private

ter 23 cannot be made promptly. These or public institutions or persons. Limita

will be codified in Chapter 23 at the tions on the scope of the Director's au

earliest practicable date, and in any thority are specified in section 31 of

event not later than 6 months from date the Act.

of issuance. $ 23-1.102 Relationship of ACDAPR

$ 23-1.106 Issuance. Chapter 23 to the FPR.

$ 23–1.106-1 Code arrangement. (a) Chapter 23 implements and supplements the FPR. Material published in

Chapter 23 material published in the the FPR, which has Government-wide

FEDERAL REGISTER will be published in applicability, becomes effective within

cumulative form in Chapter 23 of Title

41 of the Code of Federal Regulations. ACDA upon the mandatory effective date of the particular FPR material.

$ 23-1.106-2 Publication. (b) Implementing material is that All Chapter 23 material considered which expands upon related FPR ma

necessary or desirable for an underterial. It will treat a similarly numbered standing of basic and significant ACDA portion of the FPR in greater detail or procurement policies and procedures by Indicate the manne." of compliance or business organizations and other organideviation.

zations or individuals interested in fur(c) Supplemental material is that for nishing property or services to ACDA which there is no counterpart in the will be published in the FEDERAL REGISTER. FPR.

Detailed instructions of interest pri(d) The absence of a corresponding marily for internal agency guidance shall part, subpart, and section in Chapter 23 not be published.

« PreviousContinue »