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$ 9-59.005 Procedures for handling (b) Corrections of mistakes are au

mistakes under cost-type contractor thorized under paragraph (a) (3) and procurement.

(4) of this section when: (a) Managers of Field Offices may

(1) There is clear and convincing eviauthorize the withdrawal of bids or the

dence to support both the assertion of a correction of mistakes in bids submitted

mistake and the amount thereof; to, and contracts awarded by, cost-type

(2) The mistake was made in good contractors in accordance with this

faith; section.

(3) The mistake is of such a nature (1) Contractors may permit the with

that correction thereof is justified by drawal of bids upon a showing of clear

considerations of fair dealing; and and convincing evidence of the alleged

(4) The mistake is of the type that mistake.

would be corrected under the contrac(2) Contractors may correct obvious

tor's private procurement practices, or clerical errors in bids disclosed prior to

with respect to mistakes in bids in excess

of $1,000, or which otherwise require apaward, regardless of amount.

proval of Managers of Field Offices, a de(3) Except as provided in paragraph

termination is made that relief would be (4) of this section, contractors may cor

granted under applicable Federal law. rect other mistakes in bids and contracts

(c) The authority of this section may as provided in this section.

not be used to make a bid responsive. (4) Managers' of Field Offices approval (d) Where rescission is an appropriate shall be required for:

remedy, the Manager may authorize a (i) Any corrections of mistakes which modification in a specific amount, or apwould cause the bid or contract price prove revisions in other terms and condi(a) to exceed that of the second low bid, tions, in lieu of rescission. or (b) to displace one or more lower (e) Where a contract is executed or acceptable bids;

work is continued after assertion of a (ii) Any corrections of mistakes in mistake, the alleged mistake may be conbids, other than obvious clerical errors, sidered on its merits as of the time it was in procurement actions which require asserted, provided the contract was exeAEC approval;

cuted or the work continued pursuant to (iii) Any correction of mistakes in an understanding that such action did contracts disclosed after award which not constitute a waiver of any rights. exceed $1,000; and

(f) Corrections of mistakes or other (iv) Any rescission of a contract. remedial actions taken pursuant to this

a

section shall be documented by a written statement setting forth the circumstances and basis for such action and shall be made a part of the procurement file.

(g) When correction of mistakes or other relief cannot be granted under the criteria of this section, Managers of Field Ofices may deny the request or forward the file to the Director, Division of Contracts, with their recommendation for action. $ 9-59.006 Procurement from contrac

tor-controlled sources. (a) When cost-type contractor maintains a separate procurement function for performance of work in AEC facilities on AEC sites, procurement from contractor-controlled sources (any division, subsidiary, or affiliate of the contractor under a common control) may be treated in the same manner as procurement from other sources provided:

(1) The procurement is made under the same terms and conditions as would apply if the purchase was from a third party;

(2) The procurement is made in accordance with policies and procedures particularly designed to permit fair and open competition which have been approved by the contracting oficer; and

(3) The procurement is made in a manner which results in legally enforceable terms and conditions.

When any of the conditions above cannot be met, procurements involving contractor-controlled sources should be made directly by, or with the prior approval of, AEC.

(b) Guidance with respect to reimbursement for procurements or transfers from contractor-controlled sources by cost-type contractors other than those identified in paragraph (a) of this section is set forth in § 9-15.5010–19. In these cases adequate provisions should be made to give the Government the benefit of customary warranties and protection against patent infringement applicable under the circumstances.

(c) Subcontracts for performance of contract work itself (as distinguished from procurement of supplies and services needed in connection with the performance of work) require AEC authorization which may involve an adjustment of the contractor's fixed fee (see, for example, $ 9–7.5006–56, Note (a)). If the cost-type contractor seeks authorization to have some part of the contract work performed by a contractor-controlled source, and the contractor's performance of that work was a factor in the negotiated fixed fee, AEC approval would normally require (1) that the contractor-controlled source perform such work on a cost basis without profit or (2) an equitable downward adjustment to the contractor's (1.e., the contracting component's) fixed fee.

CHAPTER 10-DEPARTMENT OF THE TREASURY

Part
10-12 Labor.
10-60 Procedures for settling contract dispute appeals.
PART 10-12-LABOR

tional origin. The provisions of Chapter

60 of this title apply to the contracts of Subpart 10-12.8-Equal Opportunity

the Treasury Department except as may in Employment

be specifically provided herein. The regSec.

ulations in this subpart prescribe ad10-12.801 Scope of subpart.

ministrative requirements and proce10-12.802 Administrative responsibility.

dures to assure compliance with the pro10-12.803 Definitions. 10-12.804 Equal opportunity clause.

gram for equal employment opportunity 10-12.805 Exemptions.

under Treasury contracts. 10–12.806 Notice of qualification of financial

(b) Sections 10-12.803 to 10-12.815 agents.

apply exclusively to contracts with finan10-12.807 Reports.

cial agents, as defined in 10–12.803(c). 10-12.808 Segregated facilities.

Sections 10–12.816 to 10–12.830 are re10-12.809 Compliance reviews.

served for subsequent provisions govern10-12.810 Complaints. 10-12.811 Violation of equal opportunity

Ing financial agents. Sections 10-12.831 clause.

to 10-12.899 are reserved for regulations 10-12.812 Hearings.

applying to other Treasury contracts 10-12.813 Sanctions and penalties.

covered by Executive Order 11246, as 10-12.814 Afirmative action compliance amended.

programs. 10-12.815 Solicitations and advertisements.

$ 10-12.802 Administrative responsibil

ity. AUTHORITY: The provisions of this Subpart 10-12.8 issued under E.O. 11246,, as amended

The Secretary has designated the by E.O. 11375, 42 U.S.C. Supp. III, 2000e note;

General Counsel as the Treasury Deand 41 CFR Ch. 60.

partment Contract Compliance Officer, SOURCE: The provisions of this part 10-12

who is responsible to the Secretary for appear at 34 F.R. 9, Jan. 1, 1969, unless other

carrying out the duties and responsibiliwise noted.

ties of the Department under Executive

Orders 11246 and 11375, and Chapter 60 $ 10-12.801 Scope of subpart.

of this title and the provisions of this (a) This subpart implements and sup- subpart. The General Counsel is assisted plements rules and regulations issued by by the Director of the Office of Equal Opthe Secretary of Labor as Chapter 60 of portunity Program, who is also the Depthis title to carry out the provisions con- uty Contract Compliance Officer for the tained in Parts II, III, and IV of Execu- Department. The Deputy Contract Comtive Order 11246, as amended by Execu- pliance Officer is responsible for conducttive Order 11375, for the promotion of ing or supervising the conduct of all comequal opportunity in employment with pliance reviews to be undertaken by the Government contractors on the basis of Department of banks and financial inmerit and without discrimination be- stitutions. He will also furnish assistance cause of race, color, religion, sex, or na- required in determining such matters as

the compliance status of contractors, the Compliance Agency for any contract, and all other questions arising in the application of chapter 60 of this title and the provisions of this subpart to Treasury contracts. (35 F.R. 19180, Dec. 18, 1970) @ 10-12.803 Definitions.

(a) The term “Compliance Agency" means the Treasury Department.

(b) The term "contract” includes any agreement to serve as a financial agent, whether written or implied by the performance of services as a financial agent.

(c) The term “financial agent" in this subpart means a bank which, under Treasury Department regulations, accepts deposits of public money in any amount, or any financial institution which, under Treasury Department regulations, acts as either an issuing or paying agent for U.S. savings bonds and savings notes. The term "financial agent" does not include any organization, other than a financial institution, which is an issuing agent only, or a Federal Reserve Bank. § 10–12.804 Equal opportunity clause.

(a) By operation of the order, as amended, and of the regulations of the Treasury Department in 31 CFR Parts 202, 203, 214, 317, and 321, the equal opportunity clause in section 202 of Executive Order 11246, as amended, applies to every contract with a financial agent whether the contract is made by written agreement with the Department, or with a Federal Reserve Bank acting as its fiscal agent, or is created by the deposit of public money by an officer, agent, or employee of the United States.

(b) Hereafter, the equal opportunity clause shall be incorporated by reference in every written agreement entered into by a financial agent with the Treasury Department, or with a Federal Reserve Bank acting as its fiscal agent. § 10–12.805 Exemptions.

The exemptions provided in $ 60-1.5 of this title which are based on dollar amounts do not apply to contracts with financial agents. § 10-12.806 Notice of qualification of

financial agents. The qualifying authority shall notify the Contract Compliance Officer, in accordance with Fiscal Service instructions, of the qualification of a financial agent, its address, and the services for which it

has qualified. On the basis of information available to and furnished by the Contract Compliance Officer to the qualifying authority, the qualification of a financial agent may be deferred pending a review of the agent's equal opportunity compliance status. The provisions of $ 60-1.6(d) of this title shall not otherwise apply to the making of a contract with a financial agent. § 10–12.807 Reports.

(a) Compliance reports. Each financial agent which has 50 or more employees shall file annually on or before the 31st day of March a complete and accurate report on Standard Form 100 (EEO-1) promulgated jointly by the Office of Federal Contract Compliance, the Equal Employment Opportunity Commission, and plans for Progress, or such form as may hereafter be promulgated in its place.

(b) Initial reports. Each newly qualified financial agent shall file with the Contract Compliance Officer an initial report on a form supplied by that officer within 30 days after receipt of the report form. If such report is filed on the compliance report form required under paragraph (a) of this section between November 1 of the year in which the financial agent is qualified and the following March 31, no further report will be due as of that March 31. § 10–12.808 Segregated facilities.

(a) All financial agents agree as part of their obligations as an equal opportunity employer not to maintain or provide for employees any facilities which are segregated on the basis of race, color, religion, or national origin, at the main office or any branch office.

(b) An application or agreement to perform the services of a financial agent shall include a certification in the form approved by the Director that no such segregated facilities are or will be maintained. $ 10-12.809 Compliance reviews.

Compliance reviews required by virtue of $ 60-1.20 of this title will be conducted by a Deputy Compliance Officer or other qualified personnel of the Treasury Department regularly involved in the Equal Employment Opportunity program. $ 10-12.810 Complaints.

Complaints filed with the Treasury Department or referred to the Treasury Department by the Director of the Office of Federal Contract Compliance. Department of Labor, will be processed in accordance with the provisions of $ 60-1.24 of this title. $ 10-12.811 Violation of equal oppor

tunity clause. If any complaint, investigation or compliance review indicates a violation of the equal opportunity clause, reasonable efforts will be made to resolve this matter by informal means, by negotiation, conciliation, or compliance conference or informal hearings. § 10–12.812 Hearings.

Formal and informal hearings will be conducted in accordance with provisions of $ 60–1.26 of this title. $ 10-12.813 Sanctions and penalties.

The sanctions described in $ 60-1.27 of this title include ineligibility for qualification and the termination of the qualification of a financial agent, accompanied by the withdrawal of any public funds maintained therein. $ 10–12.814 Affirmative action compli

ance programs. Each financial agent having 50 or more employees is required to develop and maintain a written affirmative action compliance program, as provided in $ 60–1.40 of this title, for each of its establishments which has administrative authority over the hiring, promotion, and separation of its personnel. Each affirmative action program will outline specific responsibilities of branch banks in implementation of the central plan. $ 10–12.815 Solicitations and advertise

ments. Each financial agent shall include in all solicitations or advertisements for employees a statement that all qualified applicants will receive consideration for employment without regard to race, color, religion, sex, or national origin. The alternative types of action which will satisfy this requirement are set forth in s 60–1.41 of this title.

Sec. 10-60.200 Rules regarding contract dis

pute appeals. 10-60.201 Notice of appeal. 10-60.201-1 Filing. 10-60.201–2 Forwarding of appeals. 10-60.202 Appeal file. 10-60.203 Treasury representation before

General Services Administration Board of Contract Ap

peals. 10–60.204 Effective date.

AUTHORITY: The provisions of this Part 10--60 issued under 63 Stat. 390, 40 U.S.C. 486(c); 5 0.8.C. 301.

SOURCE: The provisions of this part 10-60 appear at 32 F.R. 8676, June 16, 1967, unless otherwise noted. $ 10-60.100 Treasury contract appeals

to be heard by General Services Ad. ministration Board of Contract Ap

peals. The General Services Administration Board of Contract Appeals (herein called the Board), with the prior approval of the Administrator of General Services, hereby is designated the authorized representative of the Secretary of the Treasury in hearing, considering, and determining as fully and finally as might the Secretary, all appeals by contractors from final decisions by contracting offcers on disputed questions taken pursuant to the provisions of contracts (other than contracts of the Office of the Comptroller of the Currency) requiring the determination of such appeals by the Secretary or his duly authorized representative. $ 10-60.200 Rules regarding contract

dispute appeals. The rules and regulations pertaining to the appeal of General Services Administration contract disputes prescribed in or pursuant to Part 5–60 of this title and this part shall govern the appeal of all contract disputes with the Department of the Treasury, or with any bureau, office (other than the Office of the Comptroller of the Currency), division or other agency or subdivision of the Department of the Treasury, except for the rules entitled “Notice of appeal" (Rule 1, § 5-60.201 of this title), "Request, preparation and submission” (pertaining to the appeal file) (Rule 4A(1), $ 5–60.204-1 of this title), and "Payment of claims" (Rule 22, § 5-60.224 of this title). Wherever the rules of the GSA Board in Subpart 5-60.2 of this title refer to the General Services Administra

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