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CHAPTER 10-DEPARTMENT OF THE TREASURY

Part

10-12 Labor.

10-60 Procedures for settling contract dispute appeals.

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60 of this title apply to the contracts of the Treasury Department except as may be specifically provided herein. The regulations in this subpart prescribe administrative requirements and procedures to assure compliance with the program for equal employment opportunity under Treasury contracts.

(b) Sections 10-12.803 to 10-12.815 apply exclusively to contracts with financial agents, as defined in § 10-12.803 (c). Sections 10-12.816 to 10-12.830 are reserved for subsequent provisions governing financial agents. Sections 10-12.831 to 10-12.899 are reserved for regulations applying to other Treasury contracts covered by Executive Order 11246, as amended.

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The Secretary has designated an Assistant Secretary as the Treasury Department Contract Compliance Officer, who is responsible to the Secretary for carrying out the duties and responsibilities of the Department under Chapter 60 of this title and the provisions of this subpart. In his office the Contract Compliance Officer has established an Office of Employment Policy, the Associate Director of which is designated as the Principal Deputy Contract Compliance Officer. He is assisted by Contract Compliance Specialists. Additionally, the bureaus and offices of the Department have designated Deputy Contract Compliance Officers to assist the Department Contract Compliance Officer in the administration of the Executive order, as

amended, with respect to contractors for whom the respective bureaus and offices have been designated as compliance agency units.

§ 10-12.803 Definitions.

(a) The term "Compliance Agency" means the Treasury Department.

(b) The term "contract" includes any agreement to serve as a financial agent, whether written or implied by the performance of services as a financial agent.

(c) The term "financial agent" in this subpart means a bank which, under Treasury Department regulations, accepts deposits of public money in any amount, or any financial institution which, under Treasury Department regulations, acts as either an issuing or paying agent for U.S. savings bonds and savings notes. The term "financial agent" does not include any organization, other than a financial institution, which is an issuing agent only, or a Federal Reserve Bank.

§ 10-12.804 Equal opportunity clause.

(a) By operation of the order, as amended, and of the regulations of the Treasury Department in 31 CFR Parts 202, 203, 214, 317, and 321, the equal opportunity clause in section 202 of Executive Order 11246, as amended, applies to every contract with a financial agent whether the contract is made by written agreement with the Department, or with a Federal Reserve Bank acting as its fiscal agent, or is created by the deposit of public money by an officer, agent, or employee of the United States.

(b) Hereafter, the equal opportunity clause shall be incorporated by reference in every written agreement entered into by a financial agent with the Treasury Department, or with a Federal Reserve Bank acting as its fiscal agent.

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Contract Compliance Officer to the qualifying authority, the qualification of a financial agent may be deferred pending a review of the agent's equal opportunity compliance status. The provisions of § 60-1.6(d) of this title shall not otherwise apply to the making of a contract with a financial agent.

§ 10-12.807 Reports.

(a) Compliance reports. Each financial agent which has 50 or more employees shall file annually on or before the 31st day of March a complete and accurate report on Standard Form 100 (EEO-1) promulgated jointly by the Office of Federal Contract Compliance, the Equal Employment Opportunity Commission, and Plans for Progress, or such form as may hereafter be promulgated in its place.

(b) Initial reports. Each newly qualified financial agent shall file with the Contract Compliance Officer an initial report on a form supplied by that officer within 30 days after receipt of the report form. If such report is filed on the compliance report form required under paragraph (a) of this section between November 1 of the year in which the financial agent is qualified and the following March 31, no further report will be due as of that March 31.

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§ 10-60.100

Treasury contract appeals to be heard by General Services Administration Board of Contract Appeals.

The General Services Administration Board of Contract Appeals (herein called the Board), with the prior approval of the Administrator of General Services, hereby is designated the authorized representative of the Secretary of the Treasury in hearing, considering, and determining as fully and finally as might the Secretary, all appeals by contractors from final decisions by contracting offcers on disputed questions taken pursuant to the provisions of contracts (other than contracts of the Office of the Comptroller of the Currency) requiring the determination of such appeals by the Secretary or his duly authorized representative.

§ 10-60.200

Rules regarding contract dispute appeals.

The rules and regulations pertaining to the appeal of General Services Administration contract disputes prescribed in or pursuant to Part 5-60 of this title and this part shall govern the appeal of all contract disputes with the Department of the Treasury, or with any bureau, office (other than the Office of the Comptroller of the Currency), division or other agency or subdivision of the Department of the Treasury, except for the rules entitled "Notice of appeal" (Rule 1, § 5-60.201 of this title), "Request, preparation and submission" (pertaining to the appeal file) (Rule 4A(1), § 5-60.204-1 of this title), and "Payment of claims" (Rule 22, § 5-60.224 of this title). Wherever the rules of the GSA Board in Subpart 5-60.2 of this title refer to the General Services Administra

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A notice of appeal must be in writing, and shall be filed with the office of the contracting officer from whose decision the appeal is taken. The notice of appeal must be mailed or otherwise filed with the contracting officer within the time specified therefor in the contract, or as allowed in applicable provisions of directives or law.

§ 10-60.201-2 Forwarding of appeals.

When a notice of appeal in any form has been received by the contracting officer, he shall endorse thereon the date of mailing and the date of receipt (or the date of receipt only, if otherwise conveyed) and within 20 days shall forward said notice of appeal, together with the envelope in which same was enclosed, to the Board, with a copy to the General Counsel, Treasury Department, Washington, D.C. 20220. Following receipt by the Board of the original notice of appeal (whether through the contracting officer or otherwise), the contractor, the contracting officer, and General Counsel, Treasury Department, will be advised promptly thereof, and the contractor will be furnished a copy of the Board's rules

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Following receipt of a notice of appeal, the contracting officer shall promptly, and in any event within 30 days, compile and transmit to the General Counsel, Treasury Department, two (2) copies of the appeal file as prescribed in Rule 4A (2), § 5-60.204-2 of this title. The General Counsel will submit the appeal file to the Board as promptly as possible after receipt by him of the Board's request therefor, and in any event so as to reach the Board within 45 days after such receipt.

§ 10-60.203

Treasury representation before General Services Administration Board of Contract Appeals.

The General Counsel of the Treasury Department will assure representation of the interests of the Government in proceedings before the General Services Administration Board of Contract Appeals. All officers and employees of the Treasury Department will appear and give testimony as required and will cooperate with the General Services Administration Board of Contract Appeals and Government counsel in the processing of appeals so as to assure their speedy and just determination. § 10-60.204 Effective date.

The regulations in this part shall become effective on the date of publication in the FEDERAL REGISTER. The regulations in this part shall apply to all cases now pending or in which appeal from the contracting officer's decision is taken on or after the effective date.

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