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1472.6 Filing of inima. It tion in every Class A case reassigned to the
quests by contractor Sort
tion. This cancion pacides generaTe
information and requests i SI TI
negotiation proceedings As c 1 13
The purpose of the Notice of tor or subcontractor who is requintis
a financial statement with the Bani fara
scribed by Part 1470 of this subchapter to
contained in the Standard Form of Conny's on which presentation is desired by the division.
(c) Contents. The Notice of Points for Pres- Report. Any prime contractor or suboutine entation will set forth, in summary form, any
tor who elects to file a financial statement with points or matters on which presentation is de- the Board for a fiscal year pursuant to the sired by the Board division. Such points or mat
ond sentence of section 105(e) (1) of the act ters may relate to facts, law, accounting, factor may file the Statement of Non-Applicability. evaluation, or other aspects of the case. The Any prime contractor or subcontractor, whether notice will state that, although the contractor
or not he has filed a Standard Form of Contracwill have the opportunity to present and dis- tor's Report or a Statement of Non-Applicabilcuss with the division any matters which the ity, may be required by the Board to file any contractor considers pertinent, the contractor information, records or data which are deterwill be expected to deal specifically and in ap- mined by the Board or a Regional Board to be propriate detail with the points or matters set necessary to carry out the provisions of the act. forth in the notice. The notice will advise the (2) Requests.--Requests which may be filed contractor that he may, if he so desires, present by the contractor include the following: Rehis views in writing, before the meeting, on the quest for combined renegotiation, as provided points or matters set forth in the notice. Every in $ 1457.2 of this subchapter; requests for rereasonable effort will be made to set forth in negotiation on a consolidated basis, as provided the notice the points or matters with respect to in Part 1464 and § 1470.3(h) of this subchapwhich it is believed that presentation will be ter; requests for review of determination in a helpful to the division in its consideration of Class B case, as provided in $ 1475,3(b) of this
subchapter; and requests for statements of de(d) Effect. The mailing of the Notice of termination, facts and reasons, as provided in Points for Presentation will not limit or other
SS 1477.2 and 1477.3 of this subchapter, wise affect the authority of the Board, in de- respectively. termining excessive profits of the contractor,
(c) Form and contents for filings.- (1) Gento take into consideration any points or matters
eral...When no particular form for a filing is pertinent to such determination, whether set requested by the Board or a Regional Board forth in the notice or not. The Notice of Points or is prescribed in this subchapter, information for Presentation is not and is not to be con- or requests shall be filed in the form of a letter, strued as the statement furnished pursuant to
telegram or other writing. Every filing shall 8 1477.2 or the summary furnished pursuant to
contain the name and address of the contractor $ 1477.3 of this subchapter, and the mailing of
and a reference to the fiscal year or period to such notice shall not affect the right of the con
which the filing relates. tractor to request such statement or such sum
(2) Amended filinge.--If the contractor dismary in accordance with the provisions of such covers an error or omission in information sections.
already filed pursuant to section 105(e) of the 3-11-70
-- 11 vue contractor obtains new information Division of Administration, of such Regional materially affecting information which was filed pursuant to section 105(e) of the act, the con
Board at the office of such Regional Board. tractor shall file full and correct information
(0) Time for filing.(1) General.-Time forthwith. In the event that the contractor
limitations are prescribed in this subchapter discovers a material error in the Standard Form
for the filing of certain information and 18of Contractor's Report after filing but before
quests by the contractor, subject to the provi
sions of subparagraph (4) of this paragraph
time limitation is prescribed, the information or
request shall be filed within a reasonable time.
Filings will be considered made when received
at the place prescribed in this subchapter. Fil
ings shall be made during hours of business, Board may accept or reject, at its discretion, as set forth in subparagraph (2) of this para any amended filing received after the period of
graph, and within the appropriate period of time for filing (see paragraph (e) of this sec
time computed according to the provisions of tion), but such amended filing will normally be
subparagraph (3) of this paragraph. accepted if the Board or Regional Board con
(2) Hours of business. The offices of the siders that the proper conduct of a renegotiation Board and of Regional Boards are open every proceeding is facilitated thereby.
day except Saturdays, Sundays and holidays (d) Place for filing.-(1) Principal offices. The hours of business of such offices are from The principal office of the Board is located at
8:30 a.m. to 5 p.m., standard time or daylight 1910 K Street NW., Washington, D.C. 20446.
saving time, as applicable in the time zone and The following are the addresses of the offices of
city in which each such office is located, except the Regional Boards:
that the hours of business of the Western
Regional Renegotiation Board are from 8 am.
(3) Computation of time. In computing
periods of time prescribed for filing of inforForm of Contractor's Report or the Statement mation or requests by the contractor, the day of of Non-Applicability, if such latter form is ap- the act, event or default after which such period propriate and the contractor elects to file the
begins to run is not included. If such period is shall be filed with the Director, Office of described in calendar months (see § 1470.3(d) same, Assignments, of the Board at the principal of- of this subchapter), the month in which such fice of the Board. Such other information,
day occurs is not included. The last day of the records, or data which are determined to be nec
period so computed is included, unless it is a essary in renegotiation proceedings shall be
Saturday, Sunday or legal holiday in the Disfiled at the place designated by the Board or trict of Columbia, in which case the period runs Regional Board, as the case may be
until the close of business of the next day which (3) Filing of certain requests with Board. is not a Saturday, Sunday or holiday. The request for review of determination in a
(4) Extensions of time. When the time for Class B case, as provided in 8 1475.3(b) of this filing any information or requests is fixed by the
1 subchapter, and requests for statements of de act or these regulations, or by the Board or a termination, facts and reasons, when directed to Regional Board, or by assigned personnel acting the Board pursuant to 1477.2 or 8 1477.3 of on behalf of the Board or a Regional Board, this subchapter, shall be filed with the Secretary no extension of time to make such filing will be to the Board at the principal office of the Board. granted except upon the written request of the
(4) Filing of certain requests with Regional contractor for good cause. Notwithstanding the Boards.--Requests for statements of determina
precoding sentence, the time for filing a request tion, facts and reasons, when directed to a Re for review of a determination in a Class B case, gional Board pursuant to 8 1477.2 or 8 1477.3 of as provided in § 1475.3(b) of this subchapter, this subchapter, shall be filed with the Director, is not subject to extension.
to 4:30 p.m.
Part 1474 Agreement Procedure
sive profits, the Regional Board will prepare
an agreement and submit it to the contractor
(a) Class A cases. In a Class A caso, after 1474.4 Determination by Board.
the contractor has returned the agreement prop1474.5 Finality of agreement.
erly executed to the Regional Board, the Re
gional Board will submit the agreement and a
report of the case to the Board. The Board AUTHORITY : Sections 1474.1 to 1474.7 issued under
will consider the case and notify the Regional section 109, Pub. Law 9, 820 Cong. Interpret or apply
Board either that it is in accord with the detersection 105, Pub. Law 9, 820 Cong.
mination or that it has not satisfied itself that 1474.1 Statutory provision Section 105
the determination is correct. In the former (d) of the act provides as follows:
event, the Board will authorize the Regional Agreements to eliminate excessive profits. For the
Board to execute the agreement on behalf of the pnrpose of this title the Board may make final or other
Government. In the latter event, the Board agreements with a contractor or subcontractor for the elimination of excessive profits and for the discharge
will direct the Regional Board to advise the of any liability for excessive profits under this title.
contractor that the Board is not in accord with Such agreements may contain such terms and condi
the Regional Board's determination and that a tions as the Board deems advisable. Any such agree
different determination may be made. In such ment shall be conclusive according to its terms; and, except upon a showing of fraud or malfeasance or a
case, the Board, in its discretion, will either willful misrepresentation of a material fact, (1) such
direct the Regional Board to conduct further agreement shall not for the purposes of this title be
proceedings in the matter or reassign the case reopened as to the matters agreed upon, and shall not
to the Board. In the latter event, the applibe modified by any officer, employee, or agent of the United States, and (2) gach agreement and any deter
cable procedure will be that set forth in section mination made in accordance therewith shall not be
1472.4 of this subchapter. annulled, modified, set aside, or disregarded in any
(b) Class B cases.-In a Class B case, after sult, action, or proceeding. Notwithstanding any
the contractor has returned the agreement other provision of this title, however, the Board shall have the power, pursuant to regulations promulgated
properly executed to the Regional Board, the by it, to modify any agreement or order for the pur
Regional Board will execute the agreement on pose of extending the time for payment of sums due
behalf of the Government. under such agreement or order and shall also have the
1474.4 Determination by Board.When a porder to set aside and declare null and void any such
case is reassigned to the Board pursuant to agreement if, upon a request made to the Board within three years from the date of such agreement, the Board
$ 1472.4 of this subchapter and the Board definds as a fact that the aggregate of the amounts re
termines that the contractor has realized excesceived or accrued by the other party to such agreement
sive profits for the fiscal year under review, the during the fiscal year covered by such agreement was
Board will endeavor to make an agreement with not more than the minimum amounts subject to rene
the contractor for the refund of such excessive gotiation specifica in section 105 (1) for such focal
profits. If the Board determines that the conyear. (Matter in italics added by Pub. Law 704, 83d Cong.,
tractor has realized excessive profits in the same approved September 1, 1954.]
amount as that determined by the Regional 1474.2 When agreement procedure used.
Board, and if the contractor has executed an The procedure set forth in this Part will be
agreement for the refund of the amount so used when the contractor has agreed with a
determined to be excessive profits, the Board Regional Board or the Board concerning the
generally will authorize the Regional Board to amount of excessive profits realized by the con
execute such agreement on behalf of the Govtractor during a fiscal year.
ernment provided that no division meeting has 1474.3 Determination by Regional
been held with the contractor pursuant to Board.When a Regional Board determines
8 1472.4(c) of this subchapter; if a division that the contractor has realized excessive profits
meeting has been held with the contractor, the for a fiscal year and the contractor agrees to
agreement will be executed on behalf of the refund the amount so determined to be exces
Government by the Board. 3-11-70
*uality of agreement. Subject to the provisions of section 1474.6, an agreement
provided in the agreement would impose upon
the contractor an undue hardship which was not
amount with respect to which the time for pay.
ment is extended, such interest to accrue from provided in agreement.-(a) Filing of re
and after the due date for such payment to the quests.-Any request for an extension of time
extended date therefor. to pay any sum due under an agreement shall
(5) The contractor agrees to comply with be filed by the contractor with the Board or
such other terms and conditions as the Board Regional Board which made such agreement,
shall deem necessary to protect the interests of and a copy of any such request filed with a
the Government. Regional Board shall be filed by the contractor
1474.7 Nullification of agreement.-- (a) with the Board. In all cases, at the time a re
Filing of requests.-Any request that an agreequest is filed a copy thereof shall be mailed by
ment to eliminate excessive profits be set aside the contractor to the collecting agency desig
and declared null and void pursuant to section nated in the agreement, but the contractor need
105 (d) of the act shall be filed by the contractor not mail to such collecting agency a copy of the
with the Board, and shall contain a full and information and data set forth in $ 1499.2-9(d)
complete statement of the facts upon which the of this chapter.
contractor relies, including copies of support(b) Approval of requests.-Authority to ex- ing documents, if any. Upon request of the tend the time to pay any sum due under an Board, the contractor shall file any additional agreement is hereby reserved to the Board. information or documents which the Board Any request for such an extension filed with a may consider necessary or pertinent. If a reRegional Board will be forwarded by such Re- quest that an agreement be set aside is filed begional Board to the Board with the recom
fore the amount payable thereunder is fully
paid, the contractor shall, at the time of filing mendation of the Regional Board.
such request with the Board, mail notice of such (c) Conditions.--No agreement for the elim
filing to the collecting agency designated in the ination of excessive profits shall be modified for
agreement. the purpose of extending the time for payment
(b) The filing pursuant to this section of a of any amount therein provided to be paid
request that an agreement be set aside shall unless :
suspend the obligation of the contractor to (1) The request for such extension of time
pay any sum due under the agreement until the is made by the contractor before the date upon Board shall have acted upon such request. A which such payment is due.
determination by the Board that an agreement (2) The contractor establishes by satisfactory shall be set aside and declared null and void evidence that it is unable to make such pay- pursuant to the provisions of section 105 (d) of ment within the time provided therefor in the the act shall be embodied in an order to that agreement, or that payment within the time effect.
(The next page is 501?
agreement. The ontractor all on ottimet a set forth it upon request -nal informa he Regional r case.
ne public in Tanting of
Part 1475 Unilateral Order Procedure
the Board of such determination and submit a 1475.1 Statutory provision.
report of the case to the Board. The Board
will thereafter cause the case to be reassigned
to the Board for further proceedings, unless the 1475.5 Tender of refund by contractor.
Board is of the opinion that further meetings 1475.6 Modification of order to extend time for
between the Regional Board and the contractor payment.
might result in an agreement between them. AUTHORITY: Sections 1475.1 to 1475.5 issued under In the latter event the Board will direct the section 109, Pub. Law 9, 82d Cong. Interpret or apply Regional Board to conduct further proceedings sections 105 and 107, Pub. Law 9, 82d Cong.
in the matter. When the Board causes the case 1475.1 Statutory provision.-Section 107(e)
to be reassigned to the Board, the applicable of the Act provides in part as follows:
procedure will be that set forth in § 1472.4 of
this subchapter. The Board may review any determination in any
(b) Class B cases.-(1) When a Regional case not initially conducted by it, on its own motion or, in its discretion, at the request of any contractor
Board determines in a Class B case that the or subcontractor aggrieved thereby. Unless the Board contractor has realized excessive profits and the upon its own motion initiates a review of such deter
contractor is unwilling to enter into an agreemination within ninety days from the date of such
ment for the refund of the amount determined determination, or at the request of the contractor or subcontractor made within ninety days from the date
to be excessive profits, the Regional Board will of such determination initiates a review of such deter
issue and enter a unilateral order determining mination within ninety days from the date of such the amount of such excessive profits and give request, such determination shall be deemed the deter
notice thereof by registered mail to the contracmination of the Board. If such determination was
tor. The Board may review such determination made by an order with respect to which notice thereof was given by registered mail or by certified mail pur
upon its own motion, or, in its discretion, at the suant to section 105(a), the Board shall give notice request of the contractor. by registered mail or by certified mail to the contractor (2) General rules applicable to filing by the or subcontractor of its decision not to review the case.
contractor of a request for review of such deterIf the Board reviews any determination in any case
mination are set forth in $ 1472.6 of this subnot initially conducted by it and does not make an
(3) If, within 90 days after the date the noissue and enter an order under section 105(a) deter
the order is mailed to the contractor, mining the amount, if any, of excessive profits, and the Board does not upon its own motion initiate forthwith give notice thereof by registered mail or by
a review of such determination and the Board certified mail to the contractor or subcontractor. The
does not receive from the contractor a request amount of excessive profits so determined upon review may be less than, equal to, or greater than, that de
for a review, such determination and order will termined by the agency of the Government whose be deemed to be the determination and order of action is so reviewed. (Matter in italics added by Pub. the Board on the ninetieth day after notice of Law 86-507, 86th Cong., approved June 11, 1960.)
the order was mailed by the Regional Board. 1475.2 When unilateral order procedure (4) If the Board does not initiate a review of used. The procedure set forth in this Part a determination of a Regional Board within 90 will be used when a Regional Board or the days after the date of receipt of a timely request Board determines that the contractor has real- from the contractor for a review, such determiized excessive profits for a fiscal year and the nation and order will be deemed to be the detercontractor is unwilling to enter into an agree- mination and order of the Board on the ninement for the refund of such excessive profits. tieth day after the Board received the request
1475.3 Determination by Regional Board. from the contractor: Provided, That, if notice (a) Class A cases. When a Regional Board de- of the decision of the Board not to review such termines in a Class A case that the contractor determination is mailed by registered mail to has realized excessive profits and the contractor the contractor before such ninetieth day, such is unwilling to enter into an agreement for the determination and order will be deemed to be refund of the amount so determined to be the determination and order of the Board on the excessive profits, the Regional Board will notify day of mailing of such notice.
and the ort. the al ed