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$ 22-60.211-9 Withdrawal of exhibits.

After a decision has become final, upon request and after notice to the other party, the Board may in its discretion permit the withdrawal of original exhibits, or any part thereof, by the party entitled thereto. The substitution of certified 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. 8 22-60.212 Submission of additional in

formation at Board's request. The Board may request either party at any stage of an appeal proceeding to furnish any information which the Board deems necessary or desirable in connection with its consideration of the appeal. Submission thereof shall be made within a reasonable time limit to be specified by the Board. 8 22-60.213 Communications between par

ties and the Board; evidence of service. (a) Copies of all briefs, pleadings, notices and other communications between a party and the Board shall be simultaneously served upon the other party, except that in the case of lengthy written material placed in the appeal file pursuant to $ 22-60.206 or 8 22-60.212, it shall be sufficient to serve upon the other party a description of the material in question and the date of its transmission for the file. All written communications by a party to the Board shall contain or be accompanied by evidence of simultaneous service upon the other party by means of personal delivery or by mail.

(b) Except as provided in 2260.211-3, all communications between

one party 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. $ 22-60.214 Findings, recommendations,

and decision. (a) In cases where the Board has not been delegated the power of final decision, 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 decision 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 office of the Contracting Officer.

CHAPTER 23—UNITED STATES ARMS CONTROL AND DISARMAMENT AGENCY

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Part 23-1 23-3 23-4 23-7 23-50 23-51 23-52

General........
Procurement by negotiation..........
Special types and methods of procurement ..........
Contract clauses.........
Grants....................
Delegations of procurement authority ............
Patents, data and copyrights..........

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PART 23-1-GENERAL

8 23–1.000 Scope of part.

This part describes the method by Sec.

which the U.S. Arms Control and Dis. 23-1.000 .Scope of part.

armament Agency implements and

supplements the Federal Procurement Subpart 23-1.1-Introduction

Regulations, and contains procedures 23-1.100 Scope of subpart.

which implement and supplement 23-1.101 Establishment of ACDA procure Part 1-1 of the Federal Procurement ment regulations.

Regulations. 23-1.102 Relationship of ACDAPR Chap

ter 23 to the FPR. 23-1.103 Authority.

Subpart 23-1.1-Introduction 23-1.104 Applicability. 23-1.105 Exclusions.

$ 23-1.100 Scope of subpart. 23-1.106 Issuance. 23-1.106-1 Code arrangement.

This subpart establishes Chapter 23 23-1.106-2 Publication.

of the Federal Procurement Regula23-1.106-3 Copies.

tions System, and states its relation23-1.107 Arrangement.

ship to the Federal Procurement Reg. 23-1.107-1 General Plan.

ulations (FPR), and to other instruc23-1.107-2 Numbering.

tions governing contracting and pro23-1.107-3 Citation.

curement operations of the U.S. Arms 23-1.108 (Reserved)

Control and Disarmament Agency 23-1.109 Deviation.

(ACDA). Subpart 23-1.2-Definition of Terms

§ 23-1.101 Establishment of ACDA pro23-1.201 Definitions.

curement regulations. 23-1.204 Head of the Agency. 23-1.205 Procuring activity.

This subpart establishes the U.S. 23-1.206 Head of the procuring activity. Arms Control and Disarmament 23-1.250 ACDA.

Agency Procurement Regulations 23-1.251 Agency.

(ACDAPR), as prescribed by the Di23-1.252 Director.

rector of the Agency for the procure

ment of personal property and services Subpart 23–1.3—General Policies

(including construction) and the pro23-1.302 Procurement sources.

curement of real property by lease. 23-1.302-3 Contracts between the Govern Section 31 of the Arms Control and ment and Government employees or

Disarmament Act (22 U.S.C. 2571) aubusiness concerns substantially owned

thorizes and directs the Director of or controlled by Government employees. 23-1.317 Noncollusive bids and proposals.

the Agency to exercise his powers in 23-1.350 Execution of contracts.

such a manner as to insure the acquisi23-1.352 Fraud against the Government tion of a fund of theoretical and pracand other violations of law.

tical knowledge concerning disarma

ment. To this end the Director is auSubpart 23-1.4-Procurement Authority and

thorized and directed, under the direcResponsibility

tion of the President, to insure the 23-1.402 Authority of contracting officers. conduct of research, development, and 23-1.404-2 Designation.

other studies in the field of arms con23-1.404-3 Termination of designation. trol and disarmament, and to make ar23-1.450 Contracting officers' representa

rangements (including contracts, tives. 23-1.451 Assignment of duties to contract

agreements, and grants) for the coning officers in other agencies.

duct of research, development, and 23-1.452 Availability of funds.

other studies in the field of arms con

trol and disarmament by U.S. private AUTHORITY: Sec. 205(c), 63 Stat. 390; 40 U.S.C. 486(c); secs. 31 and 41, 75 Stat. 631,

or public institutions or persons. Limi22 U.S.C. 2571 and 2581.

tations on the scope of the Director's SOURCE: 33 FR 19226, Dec. 24, 1968, unless

authority are specified in section 31 of

the Act. otherwise noted.

$ 23–1.102 Relationship of ACDAPR Chap

(d) Where speed of issuance is essenter 23 to the FPR.

tial, and numerous changes in this

Chapter 23 cannot be made promptly. (a) Chapter 23 implements and sup

These will be codified in Chapter 23 at plements the FPR. Material published

the earliest practicable date, and in in the FPR, which has Government

any event not later than 6 months wide applicability, becomes effective

from date of issuance. within ACDA upon the mandatory effective date of the particular FPR ma 823-1.106 Issuance. terial.

(b) Implementing material is that § 23-1.106-1 Code arrangement. which expands upon related FPR ma- Chapter 23 material published in the terial. It will treat a similarly num. FEDERAL REGISTER will be published in bered portion of the FPR in greater cumulative form in Chapter 23 of Title detail or indicate the manner of com- 41 of the Code of Federal Regulations. pliance or deviation.

(c) Supplemental material is that for § 23-1.106-2 Publication. which there is no counterpart in the All Chapter 23 material considered FPR.

necessary or desirable for an under(d) The absence of a corresponding standing of basic and significant part, subpart, and section in Chapter ACDA procurement policies and proce23 indicates that the FPR is applicable dures by business organizations and as written.

other organizations or individuals in

terested in furnishing property or $ 23–1.103 Authority.

services to ACDA will be published in The U.S. Arms Control and Disarma

the FEDERAL REGISTER. Detailed ment Agency Procurement Regula

instructions of interest primarily for tions are prescribed by the Director of

internal agency guidance shall not be the Agency pursuant to the Arms Con

published. trol and Disarmament Act, and the

$ 23-1.106-3 Copies. Federal Property and Administrative Services Act of 1949, as amended.

The FEDERAL REGISTER and Title 41

of the Code of Federal Regulations $ 23-1.104 Applicability.

may be purchased from the Superin

tendent of Documents, Government Chapter 23 applies to all contracts for the procurement of personal prop

Printing Office, Washington, D.C.

20402. erty and services (including construction and the procurement of real 823-1.107 Arrangement. property by lease, with U.S. private or public institutions and persons. Unless $ 23–1.107-1 General plan. otherwise specifically stated, Chapter

The U.S. Arms Control and Disarma23 does not apply to grants.

ment Agency Procurement Regula

tions (ACDAPR) employ the same $ 23-1.105 Exclusions.

numbering system and nomenclature Certain ACDA policies and proce as the Federal Procurement Reguladures within the scope of Chapter 23 tions and conform with FEDERAL REGmay nevertheless be excluded when ISTER Standards approved for the FPR. authorized by the Director. These exclusions include the following catego- $ 23-1.107-2 Numbering. ries:

(a) This Chapter 23 has been allo(a) Subject matter which bears a se- cated to the U.S. Arms Control and curity classification.

Disarmament Agency for implement(b) Policies or procedures which are ing, supplementing and deviating from expected to be effective for a period of the Federal Procurement Regulations less than 6 months.

appearing as Chapter 1 of this Title 41 (c) Policies or procedures which are of the Code of Federal Regulations. being instituted on an experimental (b) Where Chapter 23 implements, basis for a reasonable period.

or deviates from, a part, subpart, sec

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