The contractor shall not be reimbursed for the cost of material purchased by him in connection with performance under the contract.

[34 FR. 9535, June 18, 1969]

§ 612.353-6 Uniforms.

When contractor personnel are directed to wear uniforms or other special clothing in accordance with AR 670-5, field commanders may issue on a temporary loan basis from available inventories items or organizational field clothing and equipment and items of special clothing and equipment: Provided, That the items used are in performance of official work and are returned to the issuing organization when no longer required. Collection for items not returned shall be at the same rate and manner as collections from Department of the Army military or civilian personnel, except that costs of items not collected from individual contractor personnel shall be noted on the contractor's Certificate of Performance and shall be deducted from payments due the contractor. There shall be no cost reimbursement for any uniforms or special clothing purchased by the contractor or by contractor personnel for use during contract performance. [34 F.R. 9535, June 18, 1969]

§ 612.358-7 Deceased personnel.

(a) When contractor personnel die within the continental United States while on a duty assignment in the performance of work prescribed in the contract, the field commander shall notify the contracting officer who in turn shall inform the contractor. The contractor shall be responsible for arranging mortuary services and for payment of all costs incidental to the care and disposition of the remains and its transportation.

(b) Contractor personnel who die outside the continental United States while on duty assignment in the performance of work under the contract are eligible for the care and disposition of their re

mains in accordance with AR 638-40. The contractor shall pay all costs incidental to the care and disposition of the remains. The Government shall provide on a reimbursable basis and at the request of the contractor suitable transportation for the remains from the place of death to the port of entry within the continental United States.

[34 FR. 9535, June 18, 1969]

Subparts D-E [Reserved]

Subpart F-Contract for Preparation of Personal Property, Belonging to Department of Defense Personnel, for Shipment or Storage and Intracity or Intraarea Moves

SOURCE: The provisions of this Subpart F appear at 36 FR 20684, Oct. 28, 1971, unless otherwise noted.

§ 612.650 Placement of calls under con

tracts.

(a) Oral calls may be placed with contractors inasmuch as the exact weight of the shipment involved, services to be performed, and the cost thereof cannot be predetermined so as to permit the issuance of a written delivery order before services are performed.

(b) Ordering officers may be appointed pursuant to § 591.452 of this chapter to place calls as specified in paragraph (a) of this section.

(c) DD Form 1155 is not required either to confirm an oral call or to serve as a payment voucher, provided the contracting or ordering officer who made the oral call places a certificate of performance (see para 3-9e, AR 37-107) on all copies of the contractor's invoice and signs the certificate on the original thereof.

(d) If a contractor uses Standard Form 1034 as its invoice, the certificate of performance shall be placed on all copies thereof and the original shall be signed by the contracting or ordering officer who made the oral call.

(e) If a contractor has Standard Form 1034 printed at its own expense for its own use with repetitive data, such as contract number and date and payee's name and address, printed thereon, the contracting officer may request the contractor to have the certificate of performance printed on the face thereof, provided the contractor agrees to do so at no expense to the Government.

(f) Under no circumstances shall a contractor be required to use Standard

Form 1034 as its invoice in lieu of its own invoice form. § 612.651

Commercial warehousing and

related services.

(a) Chapter 10, DOD Regulation 4500.34-R, governs the commercial warehousing and related services for household goods for military and civilian personnel (see § 606.551 of this chapter).

(b) Ordering officers may be appointed pursuant to § 591.452 of this chapter to place service orders under such contracts. Instructions in Chapter 10, DOD Regulation 4500.34-R, shall be followed in placing service orders and ordering officers shall not be authorized to change terms and conditions of contracts in any way.

Subparts G-- [Reserved]

Subpart J-Communication Services § 612.1006 Who may procure communication services.

The Assistant Secretary of the Army (Installations and Logistics) has delegated to the Commanding Generals, U.S. Army Strategic Communications Command, with authority to redelegate to a level no lower than chiefs of purchasing offices, the authority to enter into contracts for communication services for periods extending beyond a current fiscal year but not exceeding 10 years (see § 591.5102 of this chapter). [36 F.R. 20685, Oct. 28, 1971]

in § 591.150(b)(3) of this chapter. When notices of appeal are received by mail, contracting officers shall forward the envelope showing the postmark.

(2) Rule 4—Duties of the contracting officer. (1) The contracting officer shall include with the compilation of documents enumerated in Rule 4 a listing of its contents and shall forward the compilation and listing direct to the Board.

(ii) Concurrent with forwarding the compilation to the Board, the contracting officer shall toward the following documents to the addressee in § 591.150 (b) (4) of this chapter with copies to the cognizant head of procuring activity.

(a) A copy of the listing and compilation referred to in paragraph (a) of this section; and

(b) A comprehensive report (this report shall not be furnished the Board nor the contractor) which shall include—

(1) The names and addresses of all potential witnesses, including those of the contractor, if known, having information concerning the facts in dispute;

(2) A signed statement by each Government witness reflecting the facts to which he will be able to testify (or a summary thereof if it is impossible to obtain a signed statement), and a statement as to the expected availability at the hearing of each Government witness;

(3) An analysis of the contractor's position and a discussion of the validity thereof;

(4) A memorandum by the legal advisor of the official making the decision, setting forth an analysis of the legal issues involved in the dispute and comments upon the adequacy of the findings of fact and the legal sufficiency of the decision; and

(5) The advisory report, if any, of the Contract Settlement Review Board.

(ii) A copy of the listing referred to in paragraph (a) of this section shall be provided the appellant in satisfaction of the listing requirement of Rule 4. The contracting officer shall notify the appellant that if the appellant desires to furnish any additional documentation, the contractor should

(a) Identify such documentation with the appeal and forward it direct to the Board;

(b) Notify the contracting officer by furnishing him with a list of the documents so forwarded; and

(c) Maintain a copy of such documentation for examination by the contracting officer or his representative.

(iv) If the appellant suggests any additional documentation be provided by the contracting officer, the contracting officer shall notify the Chief Trial Attorney and shall withhold action with respect to the suggestion until advice of the Chief Trial Attorney has been considered, except that this provision shall not apply to obvious unintended omission of documentation on the part of the contracting officer.

(v) A copy of all correspondence and other data and information pertinent to the dispute received by the contracting officer after the comprehensive report has been submitted shall be promptly forwarded to the Chief Trial Attorney, with copies to the cognizant head of procuring activity.

(3) Rule 6-Pleadings. (1) If the complaint is received by the contracting officer subsequent to forwarding the comprehensive report, the contracting officer shall, as promptly as possible but in not more than 15 calendar days after receipt thereof, forward directly to the Chief Trial Attorney supplementary information covering any issues raised by the complaint which were not sufficiently covered in the comprehensive report. This information shall include speciño admissions or denials of each allegation of fact contained in the complaint and a statement of any affirmative defenses or counterclaim. applicable. Copies of the supplementary information furnished the Chief Trial Attorney shall be furnished the cognizant head of procuring activity.

(ii) The Chief Trial Attorney and the attorneys assigned to his office are authorized to communicate directly by telephone or otherwise with any person or organization to secure any witnesses, documents, or information considered necessary in connection with representing the Government in matters before the Board. The contracting officer shall be informed of any actions taken in connection with the above matters.

(b) Representation (1) Rule 27The Respondent. (i) Upon discovery of new facts or circumstances, the Chief Trial Attorney is authorized, in appropriate cases, to return appeals to the cognizant head of procuring activity for reconsideration in light of additional facts or circumstances disclosed.

(ii) An agreement on matters as to which there is no substantial controversy and which will not have the effect of disposing of an appeal may be entered into

by the Chief Trial Attorney or by an individual trial attorney: Provided, That, in the case of a prehearing written stipulation or agreement, authority therefor shall have been granted the individual trial attorney in advance by the Chief Trial Attorney.

(iii) In appropriate cases, such as those where time-consuming delays would occur by returning the appeal to the contracting officer, the Chief Trial Attorney (or an individual trial attorney acting with the prior approval of the Chief Trial Attorney) may enter into an agreement with an appellant which will have the effect of disposing of an appeal after concurrence has been obtained from a representative of the cognizant head of procuring activity. Such agreement may then become the basis of Board decision disposing of the appeal.

(c) Motions for reconsideration [Rule 29]. The Chief Trial Attorney shall independently review all Board decisions involving Army contracts. If he determines that any decision should be reconsidered, he shall file with the Board a motion for reconsideration. If, in connection with § 591.31.4 (c) of this chapter, the Chief Trial Attorney does not concur with a request of the cognizant head of procuring activity that a motion for reconsideration is appropriate, he shall forward the request together with his reasons in opposition within 5 calendar days to the addressee in § 591.150 (b) (1) of this chapter for decision. At a hearing on a motion for reconsideration, the Government's case shall normally be presented by the Chief Trial Attorney assisted by the trial attorney who argued the Government's case on the appeal and by an attorney designated by the cognizant head of procuring activity.

§ 616.2 Appendix B-Control of Government property in possession of contractors.

(a) Part 1-Introduction-General. Local situations may in certain instances demand accounting for Government property by methods which differ from those prescribed in § 30.2 of this title. Where it can be clearly shown that such different accounting methods adequately protect the interest of the Government and do not place an improper burden upon the contractor, a request for approval to deviate from the methods prescribed in § 30.2 of this title may be submitted, in accordance with 591.109 of this chapter and AR 735-79, to the ad

dressee in 591.150(b) (6) of this chapter.

(b) Part 2-Contractor's responsibility-Assumption of responsibility—(1) Discrepancies incident to shipment. In the absence of a transportation officer or agent (see AR 55-355), the property administrator shall initiate and follow through to conclusion all necessary action with respect to any discrepancies incident to shipment or receipt of Government-furnished property made on Government Bills of Lading, commercial bills of lading, or commercial bills of lading converted to Government Bills of Lading at destination. The property administrator shall use source data assembled by the contractor under § 30.2 (item 201.2) of this title (see AR 735-11).

(2) Relief from responsibility. The documentation of a written determination by the contracting officer as to liability for Department of the Army property lost, damaged, destroyed, or consumed in excessive quantities while in possession of a contractor serves the same purpose as a Report of Survey (see AR 735-11) in a Military Property Account, even though the contractor is the accountable and responsible party and his liability is for determination only under the terms of the contract. To this end, the presentation of facts surrounding the loss or damage or both shall be accurate and complete. The fille shall

(1) Reflect the investigative and other actions of the property administrator and contracting officer to validate the presentation;

(11) Cite the specific contract terms on which a determination is made; and

(iii) Stand alone as a full report of the case without reference to other files.

The contracting officer shall insure that there is adequate documentation and validation in any case which he approves.

(c) Part 3-Records of Government Property (1) General. In those cases where contractor's records of Government property are not used as the official records (see § 603.803 of this chapter), the property administrator shall maintain such of the records specified in 30.2 (Part 3) as may be required to maintain effective property control. The property administrator shall include such a system of registration as is necessary to insure receipt by him of all property documentation pertinent to the contract.

(2) Financial control accounts. In order to administer the Financial Manage

ment Plan of the Department of the Army (see AR 37-5 and AR 37-108), summary financial data for each Army contract, representing Governmentowned facilities and materials of the categories specified in § 30.2 (item 311) of this title shall be received and forwarded by property administrators in accordance with ASPR S3-603. Detailed procedures governing the handling of this data by Department of the Army property administrators and finance and accounting officers to meet DoD accounting and reporting requirements are contained in AR 735-20 and AR 735-72.

(d) Part 4-Identification—(1) Plant equipment. The identification marking of Government property furnished under Department of the Army contracts shall be physically affixed to the item as specifled in 30.2 (item 404). The standard Departmental registration system numbering is applicable to equipment such

(1) Motor vehicles (see AR 58-1); (ii) Materials handling equipment (see AR 700-3900-5); and

(iii) Railroad equipment (see AR 55255).

§ 616.3 Appendix C-Control of property in possession of nonprofit research and development contractors. (a) Part 1-Introduction-General. Local situations may in certain instances demand accounting for Government property by methods which differ from those prescribed in § 30.3 of this title. Where it can be clearly shown that such different accounting methods adequately protect the interest of the Government and do not place an improper burden upon the contractor, a request for approval to deviate from the methods prescribed in § 30.3 of this title may be submitted, in accordance with 591.109 of this chapter and AR 735-79, to the addressee in § 591.150 (b) (6) of this chapter.

(b) Part 2-Contractor's responsibility-Assumption of responsibility—(1) Discrepancies Incident to Shipment. In the absence of a transportation officer or agent (see AR 55-355), the property administrator shall initiate and follow through to conclusion all necessary action with respect to any discrepancies incident to shipment or receipt of Government-furnished property made on Government bills of lading, commercial bills of lading, or commercial bills of lading converted to Government bills of

lading at destination. The property administrator shall use source data assembled by the contractor under item 201.2 (a) in § 30.3 of this title (see AR 735-11).

(2) Relief from responsibility. The documentation of a written determination by the contracting officer as to liability for Department of the Army property lost, damaged; destroyed, or consumed in excessive quantities while in possession of a contractor serves the same purpose as a Report of Survey (see AR 735-11) in a Military Property Account, even though the contractor is the accountable and responsible party and his liability is for determination only under the terms of the contract. To this end, the presentation of facts surrounding the loss or damage or both shall be accurate and complete. The fille shall

(1) Reflect the investigative and other actions of the property administrator and contracting officer to validate the presentation;

(ii) Cite the specific contract terms on which a determination is made; and

(ii) Stand alone as a full report of the case without reference to other files. The contracting officer shall insure that there is adequate documentation and validation in any case which he approves.

(c) Part 3-Records of Government Property (1) General. In those cases where contractor's records of Government property are not used as the official records (see § 603.803 of this chapter), the property administrator shall maintain such of the records specified in § 30.3

(Part 3) of this title as may be required to maintain effectve property control. The property administrator shall include such a system of registration as is necessary to ensure receipt by him of all property documentation pertinent to the contract.

(2) Financial control accounts. In order to administer the Financial Management Plan of the Department of the Army (see AR 37-5 and AR 37-108), summary financial data for each Army contract, representing Governmentowned facilities and materials of the categories specified in § 30.3 (item 311) of this title shall be received and forwarded by property administrators in accordance with ASPR S3-603. Detailed procedures governing the handling of this data by Department of the Army property administrators and finance and accounting officers to meet DoD accounting and reporting requirements are contained in AR 735-20 and AR 735–72.

(d) Part 4-Identification-Plant equipment. The identification marking of Government property furnished under Department of the Army contracts shall be physically affixed to the item as specified in § 30.3 (item 404) of this title. The standard Departmental registration system numbering is applicable to equipment such as

(1) Motor vehicles (see AR 58-1); (2) Materials handling equipment (see AR 700-3900-5); and

(3) Railroad equipment (see AR 55255).

PART 621-LOAN OF PROPERTY § 621.1

Loan of Army/DSA owned property to recognized veterans' organizations for use at National and State conventions.

(a) Purpose. The purpose of this section is to prescribe the procedures to be followed by the Department of the Army in implementing the provisions of Public Law 193-81st Congress, with respect to the loan of Army-owned property to recognized national veterans' organizations for use at national or State conventions, or national youth athletic or recreational tournaments sponsored by those veterans' organizations. Loans are not authorized in the case of other types of conventions.

(b) Recognized organizations. This section applies to the following veterans' organizations and their youth affiliates. Requests for youth affiliates to have loans of Army-owned property will be processed by the parent organizations: (1) Veterans of Foreign Wars of the United States.

(2) American Legion.

(3) Blinded Veterans Association. (4) Disabled American Veterans. (5) Catholic War Veterans of the United States of America.

(6) Jewish War Veterans of the United States.

(7) Legion of Valor of the United States of America, Inc.

(8) Disabled Officers Association. (9) The Military Order of the Purple Heart, Inc.