Subpart 6-60.4-Procedure for Submission on the Documentary Record § 6-60.400 Procedure for submission on the documentary record. If the appellant does not request a hearing before the Board the appeal shall be considered on the documentary record alone. The appellant may submit to the Board any additional relevant data, documents, briefs or other material for the record within 30 days after the date he receives the "notice to appellant," or within such additional time as may be permitted by the Board. The contracting officer whose decision is appealed shall submit any answering material within 30 days after receipt by the Board of the material submitted by the appellant. Further submission of additional material by either party, and extension of time to submit are perImitted at the discretion of the Board. Any person or organization, either a party or a witness to the proceeding, shall be accorded the right to be accompanied, represented, and/or advised by counsel if he so chooses. § 6-60.504 Absence of parties. The unexcused absence of a party or his authorized representative at the time or place set for the hearing will not be an occasion for delay of the hearing. In such an event the hearing may proceed and the case will be regarded as submitted on the record by the absent party. § 6-60.505 Content of hearings. § 6-60.505-1 Nature of hearings. Hearings will be as informal as reasonably appropriate and are intended to provide the Board with the pertinent facts and the positions of the parties as a basis for the Board's decision. but not limited to a lack of relevance or materiality. § 6-60.505-3 Examination of witnesses. Witnesses will not be requested to testify under oath. However, if circumstances so warrant, the presiding officer may warn the witness that his testimony may be subject to the provisions of Title 18 U.S.C. secs. 287 and 1001, and any other provisions of law imposing penalties for knowingly making false representation in connection with claims against the United States or in any matter within the jurisdiction of any Department or agency thereof. § 6-60.506 Motions. (a) Motions preliminary or subsequent to the hearing shall be submitted to the board in writing. A copy of the motion must be sent to all parties to a dispute by the Permanent Secretary to the Board. (b) The Board shall consider and rule on any motions for extension of time to file; to dismiss for lack of jurisdiction; to request a prehearing conference; to reconsider a decision; or any other motions which the Board deems relevant to the appeal. A party receiving notice of a motion has 20 days after the date he receives the notice to file any answering material with the Board. The Board may, in its discretion, permit oral hearings or argument and the presentation of briefs concerning motions. § 6-60.507 Post hearing information. Any party may submit, or at the direction of the Board shall submit, additional argument or evidence subsequent to a hearing within 20 days after the hearing. Each party will be afforded opportunity for rebuttal within 20 days after receiving a copy of the additional argument or evidence submitted by the other party. Each party will furnish the Board with his post-hearing submission and the Board will supply the other party with a copy thereof. The failure of a party to submit additional arguments or evidence at the request of the Board shall not prevent another party from doing so nor shall it prevent the Board from rendering its decision. Decisions of the Board and the reasons therefor shall be made in writing. Copies of decisions shall be submitted by registered or certified mail to the parties. Board decisions shall be available for inspection by interested persons. § 6-60.602 Motions for reconsideration. Motions for reconsideration must be filed with the Board within 30 days of the receipt of the Boards decision and must be based upon new information or argument not presented before the decision. Reconsideration of the decision, which may include a hearing or rehearing, may be granted if, in the judgment of the Board there is sufficient reason. § 6-60.603 Transcripts of hearings. The Board shall make provision for a verbatim transcript of all oral hearings, copies of which can be obtained by appellant upon paying the cost thereof. § 6-60.604 Releases. Any release or other contractual instruments entered into as a result of a decision by the Board shall include a provision to the effect that the instrument is not binding if the decision of the Board is later found to be in violation of the standards set forth in 41 U.S.C. 321. Sec. PART 6-75-DELEGATIONS OF PROCUREMENT AUTHORITY 6-75.000 Scope of part. Subpart 6-75.1-General 6-75.101 Delegation. 6-75.201 6-75.202 6-75.203 6-75.204 Subpart 6-75.2-Delegations General delegation-Supply and Transportation Services Division. Library. Office of Foreign Buildings. Bureau of Educational and Cultural Affairs. 6-75.205 Diplomatic and consular posts located outside the United States. 6-75.206 Language Services Division. 6-75.207 Office of Communications. 6-75.208 Foreign Service Institute. AUTHORITY: The provisions of this Part 6-75 issued under the Act of May 26, 1949 (63 Stat. 111; 5 U.S.C. 151c, 22 U.S.C. 811a), as amended; General Services Administration Delegation of Authority No. 410, March 30, 1962. SOURCE: The provisions of this Part 6-75 appear at 31 F.R. 6309, Apr. 26, 1966, unless otherwise noted. § 6–75.000 Scope of part. This part sets forth the delegations of authority to execute, award and administer contracts, interagency agreements, purchase orders, grants and other contractual arrangements, hereinafter referred to as "contracts" unless otherwise stated. Subpart 6-75.1-General (a) Except as otherwise provided by law or regulations, the authority of the Secretary of State to execute, award and administer contracts, purchase orders, grants and other agreements for the expenditure of funds involved in the acquisition of property or nonpersonal services and for the sale of personal property is hereby delegated to those officials designated in Subpart 6-75.2 of this part, and to any official designated to act for one of those enumerated during the absence or incapacity of the latter, subject to the specific limitations stated in this Part 6-75. (b) Unless otherwise limited in this Part 6-75, the contracting officers named in Subpart 6–75.2 of this part may designate one or more of their subordinates engaged in procurement activities, and authority is hereby delegated to such subordinates, to execute, award and administer contracts. Designations will be in writing and will specifically state the scope and limitations of the designee's contractual authority which must be within the scope of authority possessed by the designating Contracting Officer. The signed original of such delegations of authority shall be retained in the files for examination. (c) When exercising the authority contained in this Part 6-75, the designated official is identified as the Contracting Officer and will function within the limits prescribed by law, Federal Procurement Regulations, Department of State Procurement Regulations and all applicable provisions of regulations and directives which are now in effect or which may be issued hereafter by competent authority. (d) Contracting Officers are responsible for the legal, technical and administrative sufficiency of the contracts they make, including compliance with Federal Procurement Regulations and Department of State Procurement Regulations. To this end, they shall obtain such available legal, technical and financial advice as necessary for the proper execution of their duties. (e) Designated Contracting Officers who relieve or succeed previously designated Contracting Officers will assume responsibility for the administration of contracts entered into by the previously designated Contracting Officers of the activity to which they are assigned. (f) A Contracting Officer may designate technically qualified personnel as his authorized representatives to assist in the administration of contracts. Such designation shall be in writing and shall define the scope and limitations of the authorized representative's authority. The designation shall be addressed to the designee with a copy given to the contractor. An appropriate contract clause is contained in DOSPR 6-7.151-11. (g) The Chief, Supply and Transportation Services Division, is designated the chief officer responsible for procurement and as such shall provide policy direction and prescribe standards, procedures and regulations for the award and administration of contracts, both within the United States and procurements with performance outside the United States, except for procurements by the Office of (a) The authority to execute, award and administer contracts for the expenditure of funds involved in the acquisition of supplies and nonpersonal services, and for the sale of personal property, is delegated to the Chief, Supply and Transportation Services Division. (b) The authority to authorize the publication of paid advertisements, notices and proposals is delegated to the Chief or Acting Chief, Supply and Transportation Services Division. This authority may not be redelegated. § 6-75.202 Library. The authority to execute, award and administer contracts (except grants) for the acquisition of newspapers, books, maps and periodicals is delegated to the Librarian, Principal Acquisition Librarian, and Chief, Acquisition Branch. § 6-75.203 Office of Foreign Buildings. The authority to execute, award and administer contracts involving appropriations available for foreign buildings operations is delegated to the Director, Office of Foreign Buildings, who may designate officials of the Buildings Design and Construction Staff in accordance with § 6-75.101(b). § 6-75.204 Bureau of Educational and Cultural Affairs. The authority to execute, award and administer contracts involving funds available for international educational and cultural activities is delegated to the Executive Director and the Chief, Division of Financial Management. § 6-75.205 Diplomatic and consular posts located outside the United States. (a) The authority to execute, award, and administer contracts for the expenditure of funds involved in the acquisition of supplies, equipment, publications, and nonpersonal services, to employ aliens by contract for services abroad under 5 U.S.C. 170g (c), and for the sale of personal property not purchased with funds of Foreign Buildings Operation or Office of Refugee and Migration Affairs, is delegated to the Chief of Missions, Principal Officers, Administrative Officers, and General Services Officers. (b) This authority may be redelegated to employees of the Foreign Service who are citizens of the United States and, in the case of joint or consolidated administrative operations, to employees of U.S. Government agencies who are citizens of the United States. (c) Direct transactions with vendors within the United States shall not exceed $2,500 per transaction unless such purchase is under a contract executed by the Department of State, the General Services Administration or other U.S. Government Agency. (d) No authority is delegated to authorize a cost, cost-plus-a-fixed-fee, or any other cost type contract. [31 F.R. 9741, July 19, 1966] § 6-75.206 Language Services Division. The authority to execute, award and administer contracts (except grants) with individuals to serve as translators or interpreters and for related linguistic and escort services is delegated to the Chief, Assistant Chief and Staff Assistant. § 6-75.207 Office of Communications. The authority to execute, award and administer contracts (except grants) for leasing wire service circuits is delegated to the Executive Officer and the Chief, Systems and Facilities Division. § 6-75.208 Foreign Service Institute. The authority to execute, award and administer contracts for planning and conducting seminars; for guest lecturers, instructors, language tutors, area chairmen and related professional services; and for tuition, books, and tutorial and other related training services, is delegated to the Director, Deputy Director for Management and Executive Officer. |