6-30.505 Unusual progress payments-standards-procedure. AUTHORITY: The provisions of this Part 630 issued under 63 Stat. 111; 5 U.S.C. 151c, 22 U.S.C. 811. SOURCE: The provisions of this Part 6-30 appear at 31 F.R. 6624, May 4, 1966, unless otherwise noted. Subpart 6-30.4-Advance Payments § 6-30.406 Responsibility—delegation of authority. Prior to committing the Department to making an advance payment, the Contracting Officer will prepare and sign the determination and findings under authority of § 6-3.302(c) (7) of this chapter. Subpart 6-30.5-Progress Payments Based on Costs AUTHORITY: The provisions of this Part 6-60 issued under 63 Stat. 111, as amended; 63 Stat. 377, as amended. SOURCE: The provisions of this Part 6-60 appear in Dept. Reg. 108.503, 28 F.R. 14500, Dec. 31, 1963, unless otherwise noted. § 6-60.000 Scope of part. This part relates to the establishment of a Department of State Contract Appeals Board to hear and decide appeals of contractors from decisions of contracting officers arising under the disputes provision of contracts and grants, awarded and performed within the United States, or awarded to U.S. Nationals but performed outside of the United States, or performed outside of the United States by persons or business entities which have a place of business within the United States; and provides for designating the chairman and members of the Board, authorizes the Board to act, and prescribes functions, procedures and responsibilities of the Board and the other parties concerned. These procedures do not limit the rights of the contractor or the Department of State from referring questions to the General Accounting Office. Subpart 6-60.1-Establishment, Authority, and Organization of the Contract Appeals Board § 6-60.101 Establishment of Board. A contract Appeals Board is established in the Department of State to hear and decide appeals of contractors from decisions of contracting officers. The Board is located in the Department of State in Washington, D.C. Subpart 6-60.3-Appeal Procedure § 6-60.301 Filing of notice of appeal. A contractor electing to appeal from a written decision of a contracting officer shall file a written notice of appeal as provided in the contract and within the time specified therein. § 6-60.302 Form of appeal. (a) The notice of appeal must be in writing, must identify the decision appealed from and must specially state that the contractor appeals from that decision. The following information should be included in the notice of appeal: (1) The date and number of the contract. (2) The decision (and the date of receipt of the decision) from which the appeal is taken. (3) The specific findings of the decision from which appeal is taken and the reason why exception is taken to those findings. (4) The relief sought by the appellant. (b) The notice of appeal should be dated and signed by the contractor, or if the contractor is a corporation, by a duly authorized officer of that corporation, and mailed by registered or certified mail to, or otherwise filed with, the contracting officer within 30 days from the date of receipt of the contracting officer's decision. § 6-60.303 Duties of the contracting officer. § 6-60.303-2 Appeal file. Within 30 days after receipt of the notice of appeal, the contracting officer shall supply to the Board an appeal file containing original documents or true copies thereof pertinent to the appeal. The appeal file shall include, but need not be limited to the following: (a) The decision from which the appeal is taken including any related findings of fact. (b) The contract, invitation for bids, pertinent plans, specifications, amendments and change orders. (c) All correspondence between the parties relating to the dispute. (d) Transcripts of any testimony taken in connection with the dispute, in addition to any affidavits or statements of any witnesses that were considered by the contracting officer in reaching his decision. (e) Any additional data that may be considered pertinent. The Board shall notify the parties of the existence of an appeal file and shall advise them of their right to inspect the file. The appeal file and all pertinent documents, records and evidentiary matter that are to be considered by the Board in making its decision shall be available for inspection by the appellant in the Office of the Permanent Secretary of the Board. However, only persons having an appropriate security clearance may have access to any classified material. § 6-60.305-2 Appellants option. The appellant shall also be notified at this same time of his option to have his appeal considered on the basis of the documentary record alone or on the basis of both the documentary record and an oral hearing. § 6-60.306 Appellants election of procedure. (a) Within 30 days after receipt of the notice to appellant, appellant shall indicate to the Board in writing whether he chooses: (1) Consideration of his appeal on the basis of the documentary record without an oral hearing, or; (2) Consideration on the basis of an oral hearing before the Board. (b) If the appellant fails to advise of his selection of procedure within 30 days after receipt of the "notice to appellant,” the Board will consider the appeal on the basis of the documentary record. § 6-60.307 Prehearing conferences. The Board, upon the request of either party, or at its own discretion, may arrange for the holding of a pre-hearing conference by a designated member or members at a time and place specified by the Board to consider the following: (a) Simplification of the issues; (b) Possibility of obtaining stipulations, admissions of fact, and agreement respecting the introduction of documents; (c) Limitation of the number of witnesses; (d) Such other matters as may facilitate disposition of the appeal. § 6-60.308 Settlements. A dispute may be settled at any time before the decision of the Appeals Board by the Contractor filing a written notice withdrawing his appeal or by written stipulation between the contractor and the contracting officer settling the dispute. |