(e) Notwithstanding the foregoing, to facilitate concurrent renegotiation of members of affiliated or related groups when not consolidated (see § 1464.10 of this subchapter), renegotiable members of any such group will generally all be designated at the time of assignment as Class A or Class B cases according to the proper designation of the member having the largest amount of profits from subject contracts for the fiscal year under review. (f) Any case designated as a Class A or a Class B case may be redesignated at any time if the Board considers such redesignation desirable in the public interest. Any case initially designated as a Class A or a Class B case ac cording to the amounts reported on the Standard Form of Contractor's Report may, but will not necessarily, be redesignated if further information developed after assignment establishes that the contractor's renegotiable profits, or its renegotiable receipts or accruals, as the case may be, are sufficiently larger or smaller than the amount reported, to make such redesignation appropriate. 1471.3 Reserved. 1471.4 Reassignment to Board.-A case will be reassigned from a Regional Board to the Board in the circumstances set forth in section 1472.4 of this subchapter. 422 limited in any manner by any evaluation or willing, to enter into an agreement to eliminate (i) Final determination or recommendation after panel meeting. After the panel meeting provided in paragraph (h) has been held, the panel will submit to the Regional Board its recommendation for final disposition of the case. Thereupon the Regional Board will make and enter, in a Class B case, its final determination, and in a Class A case, its final recommendation to the Board with respect to the amount, if any, of excessive profits for the fiscal year under review. The final determination or recommendation of the Regional Board may be in an amount greater than, equal to, or less than the amount of the tentative determination or recommendation. The Regional Board will notify the contractor by registered mail of such final determination or recommendation, and will afford the contractor a reasonable time, to be fixed by the Regional Board, to notify the Regional Board that it is or that it is not willing to enter into an agreement to eliminate excessive profits in the amount of such final determination or recommendation. In order to assist the contractor in determining whether or not it will enter into an agreement, the Regional Board will, upon request, furnish a summary of the facts and reasons upon which the determination is based as provided in § 1477.3 of this subchapter. After such notification from the contractor, or upon the failure of the contractor to furnish such notification within the time fixed therefor by the Regional Board, the procedure set forth in Part 1474 or Part 1475 of this subchapter for the making of an agreement or the issuance of an order, as the case may be, will be followed. In the event of the issuance of an order, the contractor will be entitled, upon request, to a statement of the determination, of the facts used as a basis therefor, and the reasons for such determination as provided in § 1477.2 of this subchapter. (h) Panel meeting. After the renegotiation conference provided in paragraph (f) of this section has been held, or after it has been determined that no renegotiation conference will be held, the contractor shall be entitled, at its request, made within the time fixed pursuant to said paragraph, to meet with a panel of the Regional Board, which may include any Regional Board member who may have participated in the renegotiation conference. Any written argument or other presentation which the contractor desires to submit to the panel, in addition to the material previously submitted by the contractor, should, whenever possible, be filed with the chairman of the panel reasonably in advance of the meeting. At the meeting the contractor will be afforded an opportunity to be heard on all matters considered pertinent to the case, including any unresolved issues or matters of fact, law or accounting. The panel will not be bound or § 1472.4 Conduct of renegotiation by Board. (a) Reasons for reassignment from Regional Board.-A case will be reassigned from a Regional Board to the Board for further proceedings when (1) a Regional Board makes a final recommendation in a Class A case with which the contractor or the Board is not in accord and when the Board does not direct the Regional Board to conduct further proceedings in the matter (see 23 1473.2(a), 1474.3 (a), and 14753(a) of this subchapter); or (2) a Rogional Board makes a final determination by order in a Class B case and the Board initiates a review of such determination (see 81475.3 (b)); or (3) the Board considers for any other reason that the further proceedings in the case should be conducted by the Board rather than by the Regional Board to which the case has been previously assigned. Generally, (b) Appointment of division. after a case has been reassigned to the Board from a Regional Board, or after the Board has initiated review of a Regional Board determination, the case will be assigned to a division of the Board. The division will study the information and data assembled by the Regional Board and will determine what additional information or data, if any, is needed. The division will secure such additional information and data as it deems necessary and will conduct an independent study of the case. The division will not be bound or limited in any manner by any evaluation, recommendation or determination of the Regional Board. (c) Division meeting. In every Class A case reassigned pursuant to § 1475.3(a) of this subchapter, and in every Class B case where roview is initiated at the request of the contractor pursuant to § 1475.3 (b) of this subchapter, the contractor will be afforded an opportunity to meet with the assigned division of the Board prior to any final determination. In all other reassigned cases, or other cases with respect to which the Board has initiated review, the contractor will be afforded an opportunity to meet with the assigned division of the Board prior to any final determination differing from the determination or recommendation of the Re gional Board. Any written argument or other presentation which the contractor desires to submit for consideration by the division, in addition to the material previously submitted by the contractor to the Regional Board, should, whenever possible, be filed with the Director, Office of Review, reasonably in advance of the meeting. Failure of the contractor to file information or arguments prior to the meeting will not preclude presentation thereof at the meeting. At the meeting the contractor will be afforded an opportunity to be heard on all matters considered pertinent to the case, in- (d) Final determination. After the division tion in every Class A case reassigned to the Board pursuant to § 1473.2 (a) or § 1474.3 (a) of this chapter, and in any other reassigned case in which the Board in its discretion considers the sending of such a notice desirable. In the absence of unusual circumstances, if a Notice of Points for Presentation is to be sent, it will be mailed to the contractor not less than 10 days before the date fixed for the division meeting with the contractor pursuant to § 1472.4(c). (b) Purpose. The purpose of the Notice of Points for Presentation is to enable the contractor to prepare for the meeting with the Board division, and to address itself in particular at such meeting to the points or matters on which presentation is desired by the division. 1472.6 Filing of information an (b) (1) Information.-Every prime cras (c) Contents. The Notice of Points for Presentation will set forth, in summary form, any points or matters on which presentation is desired by the Board division. Such points or matters may relate to facts, law, accounting, factor evaluation, or other aspects of the case. The notice will state that, although the contractor will have the opportunity to present and discuss with the division any matters which the contractor considers pertinent, the contractor will be expected to deal specifically and in appropriate detail with the points or matters set forth in the notice. The notice will advise the contractor that he may, if he so desires, present his views in writing, before the meeting, on the points or matters set forth in the notice. Every reasonable effort will be made to set forth in the notice the points or matters with respect to which it is believed that presentation will be helpful to the division in its consideration of the case. (2) Requests.-Requests which may be filed by the contractor include the following: Request for combined renegotiation, as provided in § 1457.2 of this subchapter; requests for renegotiation on a consolidated basis, as provided in Part 1464 and § 1470.3 (h) of this subchapter; requests for review of determination in a Class B case, as provided in § 1475.3 (b) of this subchapter; and requests for statements of determination, facts and reasons, as provided in §§ 1477.2 and 1477.3 of this subchapter, respectively. (d) Effect. The mailing of the Notice of Points for Presentation will not limit or otherwise affect the authority of the Board, in determining excessive profits of the contractor, to take into consideration any points or matters pertinent to such determination, whether set forth in the notice or not. The Notice of Points for Presentation is not and is not to be construed as the statement furnished pursuant to § 1477.2 or the summary furnished pursuant to § 1477.3 of this subchapter, and the mailing of such notice shall not affect the right of the contractor to request such statement or such summary in accordance with the provisions of such sections. 3-11-70 (c) Form and contents for filings.-(1) General.-When no particular form for a filing is requested by the Board or a Regional Board or is prescribed in this subchapter, information or requests shall be filed in the form of a letter, telegram or other writing. Every filing shall contain the name and address of the contractor and a reference to the fiscal year or period to which the filing relates. (2) Amended filings.-If the contractor discovers an error or omission in information already filed pursuant to section 105(e) of the Division of Administration, of such Regional (e) Time for filing-(1) General-Time act, or if the contractor obtains new information (d) Place for filing.-(1) Principal offices.- Eastern Regional Renegotiation Board, 1325 K Street, Western Regional Renegotiation Board, 300 North Los (2) Filing of information. The Standard Form of Contractor's Report or the Statement of Non-Applicability, if such latter form is appropriate and the contractor elects to file the same, shall be filed with the Director, Office of Assignments, of the Board at the principal office of the Board. Such other information, records, or data which are determined to be necessary in renegotiation proceedings shall be filed at the place designated by the Board or Regional Board, as the case may be. (3) Filing of certain requests with Board.The request for review of determination in a Class B case, as provided in § 1475.3(b) of this subchapter, and requests for statements of determination, facts and reasons, when directed to the Board pursuant to § 1477.2 or § 1477.3 of this subchapter, shall be filed with the Secretary to the Board at the principal office of the Board. (4) Filing of certain requests with Regional Boards. Requests for statements of determination, facts and reasons, when directed to a Regional Board pursuant to § 1477.2 or § 1477.3 of this subchapter, shall be filed with the Director, 446 (2) Hours of business.-The offices of the (3) Computation of time.-In computing (4) Extensions of time.-When the time for [The next page is 461] 3-11-70 |