19-60.401 Adoption of the rules of the ASBCA. 19-60.402 Amendment to rules for Agency application.

AUTHORITY: The provisions of this Part 19-60 is issued under sec. 205(c), 63 Stat. 390; 40 U.S.C. 486(c).

SOURCE: The provisions of this Part 19-60 appear at 34 F.R. 7905, May 20, 1969, unless otherwise noted.

§ 19-60.000 Scope of part.

This part sets forth procedures governing the determination of disputes arising from Agency contracts and the delegation of authority to the Armed Services Board of Contract Appeals (referred to in this part as the "ASBCA") to hear and decide appeals of contractors from final decisions of contracting officers arising under disputes provisions of contracts awarded by the United States Information Agency and the rules applicable to such appeals.

Subpart 19-60.1-Disputes

§ 19-60.100 Scope of subpart.

This subpart sets forth the policy and procedures pertaining to disputes arising under contracts, the review of available facts pertinent to the dispute, and the rendering of a final decision thereon by the contracting officer.

§ 19-60.101 General.

Unless otherwise specified in a contract, any dispute concerning a question of fact under a contract shall be decided by the contracting officer who shall reduce his decision to writing and mail by certified mail, return receipt requested, or otherwise furnish a copy to the contractor.

§ 19-60.102 Determination of issues.

Before making a decision, the contracting officer shall consider all oral and written arguments or evidence as the contractor may present in support of his claim. He shall conduct such investiga

tion as may be necessary to ascertain the facts. Based upon his review of all available facts and advice of legal counsel, he shall endeavor to resolve by mutual agreement a satisfactory settlement of the dispute. When questions are settled in this manner, an agreement shall be drawn up in the form of a letter or memorandum for the official records.

§ 19-60.103 Decision of the contracting officer.

When an agreement cannot be successfully negotiated, the contracting officer with the advice and assistance of the Office of the General Counsel shall render a decision in accordance with the disputes clause of the contract. The decision shall include a statement of the facts under dispute, a statement of the contractor's claim, a statement of the facts upon which the parties agree or disagree, a statement of the contracting officer's final decision, and a statement advising the contractor that decisions on disputed questions of fact and on other questions that are subject to the procedure of the disputes clause of the contract may be appealed in accordance with the provisions of that clause. The decision shall further advise the contractor that appeals must be in writing (in triplicate) and must be mailed or otherwise furnished the contracting officer within the time provided in the disputes clause of the contract or if none is designated within thirty days from the date of receipt of the final decision. See § 1-1.318. The decision will also advise the contractor that the Armed Services Board of Contract Appeals has been designated the authorized representative of the Director for the hearing of such appeals and that the regulations herein recited shall be applicable with regard to the procedure of such appeals before the Board.

Subpart 19-60.2—Appeals

The Armed Services Board of Contract Appeals has been designated the authorized representative of the Director of the U.S. Information Agency to hear, consider, and determine appeals by contractors from final decisions of contracting officers on disputed questions arising under agency contracts pursuant to provisions of contracts requiring the determination of such appeals by the Director or his authorized representative. § 19-60.302 Agency support.

The office of the General Counsel shall ensure support by officers and employees of the Agency in processing appeals and ascertaining information to the extent required by the ASBCA and is authorized to require such officers and employees to cooperate in such support.

Subpart 19-60.4—Rules

§ 19-60.401 Adoption of the Rules of the ASBCA.

In acting under this designation, the ASBCA is authorized to follow the rules contained in Appendix A to the Armed Services Procurement Regulations, Title

32 Code of Federal Regulations 30.1, which are hereby adopted as amended. § 19-60.402 Amendment to rules for Agency application.

The following amendments to Part 2-Rules of the ASBCA shall be effective whenever such rules pertain to appeals arising from Agency contracts.

(a) Preface to rules of the Armed Services Board of Contract Appeals (Summary of Pertinent Charter Provisions) delete all references to the Secretary of Defense and the Secretaries of the Military Departments and substitute therefor the words "Director, U.S. Information Agency”.

(b) Preface to rules of the Armed Services Board of Contract Appeals (Summary of Pertinent Charter Provisions) delete in its entirety the third paragraph pertaining to the requirement of the Secretary of Defense or the Secretary of a Military Department to personally render a decision on a matter in dispute based on findings and recommendations submitted by the ASBCA.

(c) Preliminary procedures, paragraph 3 (Forwarding Appeals)-after the word "Board" at the end of the first sentence, insert a comma in lieu of the period and add immediately thereafter the words "through the Office of the General Counsel, U.S. Information Agency".

(d) Preliminary procedures, paragraph 4 (Duties of the Contracting Officer). delete the words "and to the Government Trial Attorney" and add in lieu thereof the words "through the Office of the General Counsel, U.S. Information Agency".

Part

22-1 General.

22-60 Contract appeals.

Agency implementation. Suffixes.

22-1.007-3

22-1.008

Citation.

22-1.008-1
22-1.009 Deviations.

AUTHORITY: The provisions of this Part 22-1 issued under 63 Stat. 377, sec. 602, 78 Stat. 528; 41 U.S.C. 201 note, 42 U.S.C. 2942.

SOURCE: The provisions of this Part 22-1 appear at 31 FR. 13001, Oct. 6, 1966, unless otherwise noted.

§ 22-1.000 Scope of part.

This part establishes a system of procurement regulations and procedures applicable to procurement of property, rights and services (including construction) necessary to the operations of the Office of Economic Opportunity, Execu

tive Office of the President. This system is based upon the Federal Property and Administrative Services Act of 1949, and is comprised of the Federal Procurement Regulations (referred to herein as FPR), and Office of Economic Opportunity Procurement Regulations (referred to herein as OEOPR, which are hereby established). This part describes the method by which the Office of Economic Opportunity implements, supplements, and may deviate from the FPR, and sets forth policies and procedures which implement and supplement the FPR.

Subpart 22-1.0-Introduction

This subpart sets forth introductory information pertaining to the Office of Economic Opportunity Procurement Regulations (herein identified as OEOPR). It explains the purpose of the OEOPR, the authority under which they are issued, their relationship to the Federal Procurement Regulations, and their applicability, method of issuance, exclusions, and arrangement. It also outlines procedures for implementing, supplementing, and deviating from the FPR. § 22-1.002 Purpose.

The Federal Procurement Regulations, as implemented, supplemented, or deviated from by the Office of Economic Opportunity Procurement Regulations set forth in this chapter, are hereby designated as the authorized regulations

governing the procurement of property, rights, and services (including construction) necessary to the operations of the Office of Economic Opportunity, Executive Office of the President.

§ 22-1.003 Authority.

(a) The Office of Economic Opportunity Procurement Regulations (OEOPR) are prescribed pursuant to Title III of the Federal Property and Administrative Services Act of 1949 (63 Stat. 377), as amended, and section 602(n) of Public Law 88-452, as amended and the authority delegated to the Director of Contracts.

(b) Procurement instructions and procedures which are necessary to implement, supplement, or deviate from the FPR, will be issued in the OEOPR by the Director of Contracts, when necessary to accomplish Office of Economic Opportunity procurement objectives.

§ 22-1.004 Applicability.

§ 22-1.004-1

[Reserved]

§ 22-1.004-2 Relationship to the FPR.

Material published in the FPR which has Government-wide applicability, becomes effective throughout the Office of Economic Opportunity upon the effective date cited in the particular FPR material. Such material generally will not be repeated, paraphrased, or otherwise stated in OEOPR except to the extent necessary to supplement, implement, or deviate from the FPR.

§ 22-1.004-3 Description.

The meanings of OEOPR "implementation," "supplementation," and "deviation" from the FFR includes the following:

(a) "Implementation" means a part, subpart, section, etc., which treats the policies and procedures of a similarly numbered portion of the FPR in greater detail or indicates the manner of compliance, including any deviations. However, material in this Chapter 22 which differs from material in Chapter 1 of this title (FPR) shall be regarded as a deviation only if explicitly reference to be a deviation.

(b) "Supplementation" means OEOPR coverage of matters which have no counterpart in the FPR.

(c) "Deviation" is defined in FPR 1-1.009-1.

§ 22-1.004-4 Interim applications.

The regulations in this chapter apply to all Office of Economic Opportunity

procurement actions, except as otherwise specified herein; however, existing Office of Economic Opportunity procurement regulations, procedures, instructions, and requirements, not in conflict with FPR, will remain in effect until superseded by an appropriate OEOPR, or otherwise rescinded.

§ 22-1.005 Exclusions.

(a) Certain Office of Economic Opportunity procurement policies and procedures which come within the scope of this Chapter 22 nevertheless may be excluded when justified. These exclusions may include the following categories:

(1) Policies or procedures effective for a period of less than 6 months.

(2) Policies or procedures effective on an experimental basis for a reasonable period.

(3) Policies and procedures pertaining to other functions of the Office of Economic Opportunity as well as to procurement functions, and where there is need to make the issuance available to all Office of Economic Opportunity employees concerned.

(4) Where speed of issuance is essential, and numerous changes required in this Chapter 22 cannot be made

promptly.

(b) Procurement policies and procedures issued under the authority of paragraph (a) (3) and (4) of this section will be codified into this Chapter 22 at the earliest practicable date, but in any event not later than six months from date of issuance.

§ 22-1.006 Issuance.

§ 22-1.006-1 Code arrangement.

Office of Economic Opportunity Procurement Regulations which basically or significantly implement, supplement or deviate from the Federal Procurement Regulations, Chapter 1 of this Title 41 of the Code of Federal Regulations, will be published as this Chapter 22 of this Title 41, Code of Federal Regulations. § 22-1.006-2 Publication.

This Chapter 22 of this Title 41, Code of Federal Regulations will be published in the daily issues of the FEDERAL REGISTER, and in cumulated form in the Code of Federal Regulations.

§ 22-1.006-3 Copies.

Copies of the Office of Economic Opportunity Procurement Regulations in the FEDERAL REGISTER and the Code of