Office of Personnel Management 1699.70



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Office of Personnel Management 1699.70 PART 1653 FORMS AUTHORITY: 5 U.S.C. 8913; 40 U.S.C. 486(c); 48 CFR 1.301. 1653.000 FEHBP forms. The following forms specified in FAR subparts 53.2 and 53.3 are applicable to FEHBP acquisitions: Part 53.2 Part 53.3 Form title 53.201 1 53.301 1402 SF 1402 Certificate of Appointment. 53.203 53.301 119 SF 119 Statement of Contingent or Other Fees. 53.204 2(a) 53.301 279 SF 279 FPDS Individual Contract Action Report (over $10,000). 53.204 2(b) 53.301 281 SF 281 FPDS Summary of Contract Actions of $10,000 or less. 53.229 53.301 1094 SF 1094 U.S. Tax Exemption Certificate. Part 53.2 Part 53.3 Form title 53.229 53.301 1094A SF 1094A Tax Exemption Certificates Accountability Record. [52 FR 16048, May 1, 1987, as amended at 62 FR 47583. Sept. 10, 1997] PART 1699 COST ACCOUNTING STANDARDS Subpart 1699.7 Cost Accounting Standards 1699.70 Cost accounting standards. With respect to all experience-rated contracts currently existing under the FEHB Program, the Cost Accounting Standards, found at 48 CFR part 9904, of the Code of Federal Regulations, do not apply. [70 FR 31392, June 1, 2005] 179 VerDate Mar<15>2010 10:45 Nov 21, 2011 Jkt 223212 PO 00000 Frm 00189 Fmt 8010 Sfmt 8010 Q:\48\48V6.TXT ofr150 PsN: PC150

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CHAPTER 17 OFFICE OF PERSONNEL MANAGEMENT Part Page 1733 Protests, disputes, and appeals... 183 181 VerDate Mar<15>2010 10:45 Nov 21, 2011 Jkt 223212 PO 00000 Frm 00191 Fmt 8008 Sfmt 8008 Q:\48\48V6.TXT ofr150 PsN: PC150

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PART 1733 PROTESTS, DISPUTES, AND APPEALS Subpart 1733.2 Disputes and Appeals Sec. 1733.203 Applicability. 1733.203 70 Designation of the Interior Board of Contract Appeals to decide OPM appeals. 1733 209 Suspected fraudulent claims. 1733.211 Contracting officer s decision. 1733.212 Contracting officer s duties upon appeal. 1733.214 Contract clause. AUTHORITY: 40 U.S.C. 486(c); 48 CFR 1.301. SOURCE: 51 FR 44296, Dec. 9, 1986, unless otherwise noted. Subpart 1733.2 Disputes and Appeals 1733.203 Applicability. (a) The Office of Personnel Management s (OPM) procurement executive shall make the determination prescribed under FAR 33.203(b). (b) Requests for determinations under paragraph (a) of this section shall be submitted by OPM s contracting officer through OPM s head of the contracting activity to the procurement executive for further action. 1733.203 70 Designation of the Interior Board of Contract Appeals to decide OPM appeals. (a) The Interior Board of Contract Appeals (IBCA) has been designated by the Director of OPM to consider and determine appeals from decisions of a contracting officer arising under a contract or relating to a contract made by OPM. This delegation governs disputes between OPM and its prime contractors and does not encompass any claim made by a third party beneficiary of, or by a subscriber to, a Federal employee insurance program. (b) The address of IBCA is 801 North Quincy Street, Arlington, VA 22203. (c) IBCA rules of procedure can be found in 43 CFR part 4. [51 FR 44296, Dec. 9, 1986, as amended at 68 FR 62022, Oct. 31, 2003] 1733.209 Suspected fraudulent claims. If the contractor is unable to support any part of the claim and there is evidence that the inability is attributable to misrepresentation of fact or to fraud on the part of the contractor, the contracting officer shall refer the matter through the head of the contracting activity to OPM s Offices of the Inspector General and the General Counsel. 1733.211 Contracting officer s decision. The written decision required by FAR 33.211(a)(4) shall include, in the paragraph listed under FAR 33.211(a)(4)(v), specific reference to the Interior Board of Contract Appeals, 801 North Quincy Street, Arlington, VA 22203, and its procedures under 43 CFR part 4. The IBCA optional small claims (expedited) procedures and accelerated procedures under 43 CFR 4.113 shall also be referenced as required by the FAR. [51 FR 44296, Dec. 9, 1986, as amended at 51 FR 44296, Dec. 9, 1986] 1733.212 Contracting officer s duties upon appeal. (a) When a notice of appeal has been received, the contracting officer shall endorse on the appeal the date of mailing (or the date of receipt if the notice was not mailed) and forward it to IBCA by certified mail within 5 days of receipt. OPM s Office of the General Counsel and the Department of the Interior s (DOI) Office of the Solicitor shall also be notified of the appeal by the contracting officer. 43 CFR 4.103. (b) The contracting officer shall prepare and transmit the documentation and information required by 43 CFR 4.104 in the form of an appeal file to IBCA, OPM s Office of the General Counsel, DOI s Office of the Solicitor, and appellant or appellant s counsel within 30 days after receipt of a notice of appeal or advice that an appeal has been docketed by IBCA. 1733.214 Contract clause. The Disputes clause contained in FAR 52.233 1 shall be used with its Alternate I in all OPM solicitations and contracts. 183 VerDate Mar<15>2010 10:45 Nov 21, 2011 Jkt 223212 PO 00000 Frm 00193 Fmt 8010 Sfmt 8010 Q:\48\48V6.TXT ofr150 PsN: PC150