The Panel may, in its discretion, upon conditions just to both parties, permit or require amendments to the petition, answer, or reply, at any time before completing the record upon or after hearing, but may not allow any amendment that substantially prejudices the other party. § 2-60.210-4 Motions.

Motions by the appellant or by the contracting officer are made by filing two copies of a notice thereof, together with any supporting papers, with the Panel, and furnishing one copy to the other party. The Panel shall consider any timely motion for extension of time to file; to cure defaults; to require that a petition, answer, or reply be made more definite and certain; to dismiss for lack of jurisdiction, to dismiss or grant summary relief because the petition, answer or reply does not raise a justiciable issue; to require a prehearing conference to reopen a hearing; to take depositions; to dismiss for failure to prosecute; or to reconsider a decision. In addition, the Panel may make its own motions, by furnishing a notice thereof to the parties. A party who receives a notice of motion has 20 days after the date he receives the notice to reply and file any answering material, unless a longer time is allowed by the Panel. Motions to reconsider a decision must be made within 30 days after the date of receipt of the decision, unless for good cause shown, the Panel permits a longer period of time. On all motions the Panel shall make orders that are appropriate and are just to the parties, and upon conditions that will promote efficiency in disposing of the appeal. The Panel may, in its discretion, permit oral hearing or argument and the presentation of briefs.

§ 2-60.210-5 Hearing.

The parties present the evidence at adversary hearings. Testimony is adduced through examination and crossexamination of witnesses. The formal rules of evidence do not apply, but the Panel member may, upon objection or on his own motion, exclude evidence or disallow questions, on the grounds of irrelevance, impropriety, immateriality, or such insufficiency in probative weight as not to be considered substantial evidence.

The Panel member shall preside, and shall establish the general procedures for the introduction of evidence and the calling of witnesses. The Panel may, in its discretion, order the submission of trial briefs before the hearing, and may order the submission of briefs at the completion of the hearing.

§ 2-60.211 General rules for administrative inquiries and hearings. Administrative inquiries and adversary hearings are conducted as informally as may be reasonably allowable and appropriate under the circumstances. Testimony is not given under oath, but is considered to be representations made in connection with claims against the United States within the meaning of section 287 and 1001 of Title 18, United States Code. The Panel member shall invite the attention of witnesses to these provisions of the law. Testimony is reported verbatim, or recorded with an appropriate device. The Panel may accept true copies, so certified by the custodian thereof, in place of original exhibits.

§ 2-60.212 Representation of parties.

An individual appellant may prosecute his appeal in person; a corporation, by an officer, a partnership, by a member; and any appellant may be represented by an attorney. Other persons may be authorized by the Panel to represent an appellant in a particular case. The contracting officer is represented by Agency counsel.

This part establishes a system of procurement procedures applicable to procurements of personal property and nonpersonal services (including construction) by all offices and operating agencies of the Department of Health, Education, and Welfare (referred to herein as HEW). The system is based upon the Federal Property and Administrative Services Act of 1949, and the Federal Procurement Regulations (referred to herein as FPR). It describes the method by which HEW implements, supplements, and may deviate from the FPR and sets forth policies and procedures which implement and supplement Part 1-1 of the FPR.

[29 F.R. 6494, May 19, 1964]

§ 3-1.102 Purpose and authority.

HEWPR are issued to establish uniform policies and procedures for the procurement of personal property and nonpersonal services (including construction) by HEW. They are prescribed by the Administrative Assistant Secretary, under authority of 5 U.S.C. 22 and section 205(c) Federal Property and Administrative Services Act of 1949, as amended (40 U.S.C. 486 (c)), delegated by the Secretary.

§ 3-1.103 Relationship to the FPR.

(a) HEWPR implement, supplement, and may deviate from, in some instances, the FPR. Implementing material is that which expands upon or indicates the manner of compliance with related FPR material. Supplementing material is that for which there is no counterpart in the FPR. Deviating material is defined in § 1-1.009 of the FPR.

(b) Material published in the FPR which has Government-wide applicability, becomes effective throughout HEW upon the effective date cited in the particular FPR material. Such material generally will not be repeated, paraphrased, or otherwise stated in HEWPR except to the extent necessary to supplement, implement, or deviate from the FPR.

(c) Procurement instructions and procedures which are necessary to implement, supplement, or deviate from the FPR will be issued in the HEWPR by the Division of General Services, Office of Administration, when necessary to accomplish HEW-wide procurement objectives.