PART 400-RULES OF CONTRACT DISPUTES BOARD FOR COMMODITY CREDIT CORPORATION

Sec.

400.1 General matters.

400.2

400.3

400.4

Manner of taking appeals.

Procedure on appeal.

Presentations before the Board. 400.5 Determination upon appeals.

AUTHORITY: §§ 400.1 to 400.5 issued under sec. 4, 62 Stat. 1070, as amended; 15 U. S. C. 714b. Interpret or apply secs. 9, 10, 62 Stat. 1072, 1073; 15 U. S C. 714g, 714h.

SOURCE: § 400.1 to 400.5 appear at 14 F. R. 1865, Apr. 19, 1949, except as otherwise noted. See also 19 F. R. 1029, Feb. 24, 1954. § 400.1 General matters.

(a) Membership of the Contract Disputes Board. The Contract Disputes Board for Commodity Credit Corporation was established on April 17, 1946, by the Board of Directors of the Corporation. The Contract Disputes Board is composed of three members, appointed by the Board of Directors of the Corporation, one of whom is designated to act as Chairman, and an alternate member designated to act on any matter for any member of the Contract Disputes Board in the event of his inability for any reason to act thereon.

(b) Correspondence. All communications should be directed to the "Secretary, Contract Disputes Board for Commodity Credit Corporation, U. S. Department of Agriculture, Washington, D. C."

(c) Jurisdiction. The Contract Disputes Board: (1) Is authorized by the President of Commodity Credit Corporation (as "the head of agency” and as the successor to any officer of the Corporation to whom appeals may be taken under contract disputes provisions) and by the Board of Directors of the Corporation to act for the President and on behalf of the Corporation, to consider and determine appeals from findings of fact of an officer of the Corporation within the scope of any contract disputes provision which provides a method for final and conclusive determination of disputed questions of fact (including but not limited to article 36 Form CSS-10, Uniform Contractual Provisions [Procurement], and article 39, Form CSS-50, Uniform Contractual Provisions [Servicing]); and (2) is responsible for con

sidering and determining appeals by claimants on all other contract claims against the Corporation where settlement and adjustment cannot otherwise be effected under established policies and procedures. As to claims of this second category, a claimant is not required to appeal to the Contract Disputes Board for the purpose of exhausting his administrative remedy before recourse to courts. The jurisdiction of the Board does not extend to any claims resulting from the termination of war contracts or claims filed under section 17 of the Contract Settlement Act of 1944.

(d) Recommendations. Prior to disposition of any matter by the Contract Disputes Board, it will obtain the recommendation of the Director of the Agricultural Stabilization and Conservation Service Division or Commodity Office having jurisdiction over the officer from whose decision the appeal is taken.

(e) Legal advice from the Office of the General Counsel. If any matter involves any doubtful questions of law, the Contract Disputes Board will obtain the advice of the Office of the General Counsel, U. S. Department of Agriculture, with respect thereto.

(f) Procedure. The provisions of the Administrative Procedure Act (Pub. Law 404, 79th Cong., 5 U. S. C., secs. 10011011) are not applicable to proceedings before the Board except those requirements of section 1002 thereof as to publication of descriptions of organization, statements as to channelling of functions, substantive rules and statements of general policy. The Board does not issue opinions. Matters of official record are available in accordance with the regulations of the Department relating to official records which are set forth in 7 CFR 1.1-1.10.

(g) Set-off. The Board may take account of claims of Commodity Credit Corporation or of the United States or agencies thereof by way of set-off or counterclaim whether such claims arise from the same transaction or otherwise. [14 F. R. 1865, Apr. 19, 1949, as amended at 20 F. R. 8535, Nov. 18, 1955]

§ 400.2 Manner of taking appeals.

(a) Furnishing copy of rules. Whenever any dispute which may be appealed to the Contract Disputes Board arises under a contract, the contracting officer

or claims officer, upon his own initiative or upon request, will furnish the contractor with a copy of these rules.

(b) Form and time for appeal. An appeal from the decision of a contracting officer or claims officer shall be in writing signed by the petitioner, a bonafide officer or partner thereof, or by counsel, and need not be under oath. An original and four copies of the appeal shall be filed with the Secretary of the Board and must be received by the Board within the time allowed by the contract for appeal. Where no time for appeal is provided in the contract, petitioner may file his appeal at any time prior to the claim being barred under the applicable statutory period of limitation. The filing of an appeal with the Board does not toll any statute of limitation.

(c) Submission by petitioner. Each appeal shall clearly identify the decision from which the appeal is taken. The appeal should contain a full statement of the exact nature of the dispute, the specific relief sought by the petitioner, the pertinent facts and reasons in support of the petitioner's contentions. Additional information supporting the appeal may be incorporated in the appeal, or be submitted within 30 days of the filing of such appeal, unless the Board for good cause shown expressly permits otherwise.

(d) Additional information. When an appeal is taken from the decision of a contracting officer or claims officer, the Secretary of the Board, upon receipt of such appeal shall call upon the officer making the decision for information and copies of files related thereto. The Board may at any time call upon any employee of the Department for additional information deemed necessary by it. The Board may also call upon the petitioner for the production of any papers, documents, affidavits, or specific information relevant to the dispute which is in the petitioner's possession, control, or available to it.

§ 400.3 Procedure on appeal.

(a) Furnishing copy of appeal to Directors. Upon the filing of an appeal with the Board, the Secretary of the Board shall furnish a copy thereof to the Director of the Agricultural Stabilization and Conservation Service Division or Commodity Office having jurisdiction over the officer from whose decision the appeal is taken.

(b) Procedure under § 400.1 (c) (1). Where the appeal arises under the authority of a disputes article in a contract as provided for in § 400.1 (c) (1), the Director of the Agricultural Stabilization and Conservation Service Division or Commodity Office shall furnish to the Board a copy of the officer's determination or decision from which the appeal is taken and if the determination or decision does not so recite, shall also furnish a statement which fully discloses the considerations and facts upon which the decision is based, and may add any comments as to the matter contained in the appeal. The Secretary of the Board shall furnish a copy of such statement to the petitioner who shall have the right to file a reply thereto, if he so desires, within 10 days from the date of the transmittal letter of the Secretary of the Board.

(c) Procedure under § 400.1 (c) (2). Where the appeal arises under the jurisdiction of the Board under § 400.1 (c) (2), the Director of the Agricultural Stabilization and Conservation Service Division or Commodity Office shall furnish such information and material as may be required by the Board for disposition of the appeal. All such information and material supplied in connection with such appeals shall be considered to be confidential files of the Department, and only such information shall be disclosed to the petition as he is otherwise entitled to receive or as the Board in its discretion deems necessary in disposition of the appeal.

receive matter deemed material and relevant to the issues raised in the appeal but may exclude that which it considers remote or cumulative.

(2) The decision or findings appealed from shall be accepted by the Board as prima facie correct.

(3) Witnesses will be heard before the Board only in connection with such oral presentation; any other matter which the petitioner wishes to submit shall be in written form. In its discretion, the Board may require any matter submitted to it to be put under oath.

(f) Reporting. Oral presentations will be stenographically reported and transcriptions thereof shall be made when deemed necessary by the Board. One copy of the transcription will be made available to the petitioner upon request. § 400.5

Determination upon appeals.

(a) The Secretary of the Board will advise the petitioner as to the Board's determination upon the appeal.

(b) Where the determination of the Board results in settlement or adjustment of claims by or against the petitioner, the Board will prepare a settlement agreement which will be executed on behalf of the Commodity Credit Corporation by the Secretary of the Board upon direction of the Board.

price list. Commodities not so listed, but listed on a domestic price list for unrestricted use, may be obtained for export at the domestic price. The lists may vary from month to month as additional commodities become available and as other commodities formerly available are dropped, and such lists may not necessarily be inclusive of all commodities which the Corporation may have available at any time. The lists are to be issued for the purpose of public information and shall not be deemed to constitute an offer to sell by Commodity Credit Corporation.

§ 402.102

Submission of offers, terms and conditions.

The Commodity Credit Corporation will entertain offers from prospective buyers for the purchase of any commodities on the current lists. Offers accepted by Commodity Credit Corporation will be subject to terms and conditions prescribed by the Corporation. These terms include, among others, payment by cash or irrevocable letter of credit before delivery of the commodity, removal of the commodity from Commodity Credit Corporation storage within a reasonable period of time, and, in sales for export, proof of exportation. § 402.103

Information.