(a) Preliminary procedures—(1) Rule 3-Forwarding of appeals. Contracting officers shall promptly forward notices of appeal received directly to the addressee 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. (i) 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 forward 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.

(iii) 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. (i) If the complaint is received by the contracting officer subsequent to forwarding the comprehensive report, the contracting

13-106 0-83--36

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 specific admissions or denials of each allegation of fact contained in the complaint and a statement of any affirmative defenses or counterclaims 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 concur

rence has been obtained from a representative of the cognizant head of procuring activity. Such agreement may then become the basis of a 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 § 591.314(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 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 discrepan

cies 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 damage or both shall be accurate and complete. The file shall

or

(i) 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

(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 Management Plan of the Department of the Army (see AR 37-5 and AR 37108), summary financial data for each

Army contract, representing Government-owned 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 73520 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 specified in § 30.2 (item 404). The standard Departmental registration system numbering is applicable to equipment such as

(i) 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 damage or both shall be accurate and complete. The file shall

or

(i) 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

(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 chap

ter), the property administrator shall maintain such of the records specified in § 30.3 (Part 3) of this title as may be required to maintain effective 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 37108), summary financial data for each Army contract, representing Government-owned 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 73520 and AR 735-72.

(d) Part 4—Identifications-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).

Sec.

PART 621-LOAN AND SALE OF

PROPERTY

SOURCE: 44 FR 5651, Jan. 29, 1979, unless otherwise noted.

EDITORIAL NOTE: For Figures referred to in this part see 42 FR 43807, Aug. 31, 1977.

§ 621.1 Loan of Army/Defense Logistics Agency (DLA) owned property for use at national and State conventions. (a) General. This section

(1) Prescribes procedures for loan of Army-owned property to recognized National Veterans' Organizations for National or State conventions as authorized by Pub. L. 81-193.

(2) Request for loans for National Youth Athletic or recreation tournaments sponsored by veterans' organizations listed in the "Veterans Administration Bulletin 23 (ALPHA)," will be processed by parent veterans' organizations.

(3) Loans are not authorized for other types of conventions or tournaments.

(b) Items authorized for loan. If available, the following items may be loaned for authorized veterans' organizations requirements.

(1) Unoccupied barracks.

(2) Cots.

(3) Mattresses.

(4) Mattress covers.

(5) Blankets.

(6) Pillows.

(7) Chairs, flding.

(8) Tentage, only when unoccupied barracks are not available.

(c) Requests for loan. (1) Requests by authorized veterans' organizations for loan of authorized Government prop

erty will be submitted to the appropriate CONUS Army Commander of the area in which the convention will be held or the Commander, Military District of Washington (MDW) if within his area.

(2) The tenure of loan is limited to 15 days from the date of delivery, except under unusual circumstances. A narrative explanation will be provided to support loan requests for more than 15 days duration.

(3) Loan requests should be submitted by letter at least 45 days prior to required date, if practicable.

(4) Requests for loans will contain the following information:

(i) Name of veterans' organization requesting the loan.

(ii) Location where the convention will be held.

(iii) Dates of duration of loan. (iv) Number of individuals to be accommodated.

(v) Type and quantity of equipment required.

(vi) Type of convention, (State or National).

(vii) Complete instructions for delivery of equipment and address of requesting organizations.

(viii) Other pertinent information necessary to insure prompt delivery.

(d) Responsibilities. The Army or MDW Commander will:

(1) When the availability of personal and real property is determined, notify the requesting veterans' organization of the following:

(i) The items and quantities available for loan and the source of supply.

(ii) No compensation will be required by the Government for the use of real property.

(iii) No expense will be incurred by the United States Government in providing equipment and facilities on loan.

(iv) Costs of packaging, packing, transportation and handling from source of supply to destination and return will be borne by the requesting organization.

(v) All charges for utilities (gas, water, heat, and electricity) based on meter readings or such other methods