tunity to present to such Regional Board personnel, both orally and in writing, any statements or arguments which the contractor desires to submit in support of its position on any such issues or matters.

(c) Plant inspection. In cases deemed appropriate or, in any event, in any case in which there exists a possibility of a determination of excessive profits, Regional Board personnel will, whenever practicable, with the consent of the contractor, visit and inspect the plant or site where the contractor is performing its renegotiable business, unless a visit of reasonably recent date was made to such plant or site in connection with the renegotiation of the contractor for an earlier fiscal year. Generally, a plant visit, if undertaken, will be made before the submission of the Report of Renegotiation to the Regional Board pursuant to paragraph (d) of this section.

(d) Report of Renegotiation. After all relevant information has been obtained and considered, the Regional Board personnel assigned to the case will prepare and submit to the Regional Board a "Report of Renegotiation" which shall include pertinent financial schedules and other accounting data; the contractor's representations under the factors set forth in section 103 (e) of the Act; an analysis and evaluation of the case; and a recommendation with respect to the amount, if any, of excessive profits for the fiscal year under review. A copy of the accounting section of the Report of Renegotiation will be furnished to the contractor upon request.

(e) Final clearance determination or recommendation; tentative refund determination or recommendation. After receiving and considering the Report of Renegotiation, the Regional Board, in a case involving a proposed refund, will approve, in a Class B case, a tentative determination, and in a Class A case, a tentative recommendation with respect to the amount of excessive profits realized in the fiscal year under review. Such tenative determination or recommendation may be in an amount greater than, equal to, or less than the amount recommended in the Report of Renegotiation. If the decision of the Regional Board is that the contractor did not realize any excessive profits, it will make and enter a final determination in a

Class B case, or a final recommendation in a Class A case, and will notify the contractor thereof by registered mail; and the clearance procedure set forth in Part 1473 of this subchapter will be followed. The succeeding paragraphs of this section shall apply only in the event a tentative determination or recommendation that excessive profits were realized is approved.

(f) Renegotiation conference. After a tentative determination or recommendation that excessive profits were realized has been approved, a renegotiation conference will be held with the contractor by the Regional Board personnel assigned to the case unless the contractor fails or declines to attend such a conference. At the conference the contractor will be informed of the tentative determination or recommendation of the Regional Board, and of the reasons therefor, and will be afforded an opportunity to be heard on the information and data previously submitted by the contractor and on any other matters considered pertinent to the case. Whether or not a renegotiation conference is held, the contractor will be requested to notify the Regional Board personnel assigned to the case, within the time fixed by them, that the contractor is or that it is not willing to enter into an agreement to eliminate excessive profits in the amount of the tentative determination or recommendation of the Regional Board, and if it is not willing to enter into such an agreement, to state whether it desires to meet with a panel of the Regional Board as provided in paragraph (h) of this section.

(g) Final determination or recommendation without panel meeting. (1) If, within the time fixed pursuant to paragraph (f) of this section, the contractor notifies the Regional Board personnel assigned to the case that it is willing to enter into an agreement to eliminate excessive profits in the amount of the tentative determination or recommendation of the Regional Board, a final determination or recommendation in the same amount will be entered by the Regional Board and the procedure set forth in Part 1474 of this subchapter for the making of an agreement will be followed.

(2) If, within the time fixed pursuant to paragraph (f) of this section, the contractor fails to notify the Regional Board personnel

assigned to the case that it is or that it is not willing, or notifies such personnel that it is not willing, to enter into an agreement to eliminate excessive profits in the amount of the tentative determination or recommendation of the Regional Board, and does not request a meeting with a panel of the Regional Board as provided in paragraph (h) of this section, the Regional Board personnel assigned to the case will submit to the Regional Board their recommendation for final disposition of the case. Thereupon the Regional Board will make and enter, in a Class B case, its final determination, and in a Class A case, its final recommendation to the Board with respect to the amount, if any, of excessive profits for the fiscal year under review. The Regional Board will notify the contractor by registered mail of such final determination or recommendation, and will afford the contractor a reasonable time, to be fixed by the Regional Board, to notify the Regional Board that it is or that it is not willing to enter into an agreement to eliminate excessive profits in the amount of such final determination or recommendation. After such notification from the contractor, or upon the failure of the contractor to furnish such notification within the time fixed therefor by the Regional Board, the procedure set forth in Part 1474 or Part 1475 of this subchapter for the making of an agreement or the issuance of an order, as the case may be, will be followed.

(h) Panel meeting. After the renegotiation conference provided in paragraph (f) of this section has been held, or after it has been determined that no renegotiation conference will be held, the contractor shall be entitled, at its request, made within the time fixed pursuant to said paragraph, to meet with a panel of the Regional Board, which may include any Regional Board member who may have participated in the renegotiation conference. Any written argument or other presentation which the contractor desires to submit to the panel, in addition to the material previously submitted by the contractor, should, whenever possible, be filed with the chairman of the panel reasonably in advance of the meeting. At the meeting the contractor will be afforded an opportunity to be heard on all matters con

sidered pertinent to the case, including any unresolved issues or matters of fact, law or accounting. The panel will not be bound or limited in any manner by any evaluation or tentative determination or recommendation previously made in the case.

(i) Final determination or recommendation after panel meeting. After the panel meeting provided in paragraph (h) has been held, the panel will submit to the Regional Board its recommendation for final disposition of the case. Thereupon the Regional Board will make and enter, in a Class B case, its final determination, and in a Class A case, its final recommendation to the Board with respect to the amount, if any, of excessive profits for the fiscal year under review. The final determination or recommendation of the Regional Board may be in an amount greater than, equal to, or less than the amount of the tentative determination or recommendation. The Regional Board will notify the contractor by registered mail of such final determination or recommendation, and will afford the contractor a reasonable time, to be fixed by the Regional Board, to notify the Regional Board that it is or that it is not willing to enter into an agreement to eliminate excessive profits in the amount of such final determination or recommendation. In order to assist the contractor in determining whether or not it will enter into an agreement, the Regional Board will, upon request, furnish a summary of the facts and reasons upon which the determination is based as provided in § 1477.3 of this subchapter. After such notification from the contractor, or upon the failure of the contractor to furnish such notification within the time fixed therefor by the Regional Board, the procedure set forth in Part 1474 or Part 1475 of this subchapter for the making of an agreement or the issuance of an order, as the case may be, will be followed. In the event of the issuance of an order, the contractor will be entitled, upon request, to a statement of the determination, of the facts used as a basis therefor, and the reasons for such determination as provided in § 1477.2 of this subchapter.

§ 1472.4 Conduct of renegotiation by Board. (a) Reasons for reassignment from Regional Board.-A case will be reassigned from a Regional Board to the Board for further

proceedings when (1) a Regional Board makes a final recommendation in a Class A case with which the contractor or the Board is not in accord and when the Board does not direct the Regional Board to conduct further proceedings in the matter (see §§ 1473.2 (a), 1474.3 (a), and 1475.3 (a) of this subchapter); or (2) a Regional Board makes a final determination by order in a Class B case and the Board initiates a review of such determination (see § 1475.3 (b)); or (3) the Board considers for any other reason that the further proceedings in the case should be conducted by the Board rather than by the Regional Board to which the case has been previously assigned.

(b) Appointment of division. Generally, after a case has been reassigned to the Board from a Regional Board, or after the Board has initiated review of a Regional Board determination, the case will be assigned to a division of the Board. The division will study the information and data assembled by the Regional Board and will determine what additional information or data, if any, is needed. The division will secure such additional information and data as it deems necessary and will conduct an independent study of the case. The division will not be bound or limited in any manner by any evaluation, recommendation or determination of the Regional Board.

(c) Division meeting. In every Class A case reassigned pursuant to § 1475.3 (a) of this subchapter, and in every Class B case where review is initiated at the request of the contractor pursuant to § 1475.3 (b) of this subchapter, the contractor will be afforded an opportunity to meet with the assigned division of the Board prior to any final determination. In all other reassigned cases, or other cases with respect to which the Board has initiated review, the contractor will be afforded an opportunity to meet with the assigned division of the Board prior to any final determination differing from the determination or recommendation of the Regional Board. Before the meeting the division will send or cause to be sent to the contractor a Notice of Points for Presentation as prescribed in § 1472.5. Any written argument or other presentation which the contractor desires to submit for consideration by the division, in addition to the material previously sub

mitted by the contractor to the Regional Board, should, whenever possible, be filed with the Director, Office of Review, reasonably in advance of the meeting. Failure of the contractor to file information or arguments prior to the meeting will not preclude presentation thereof at the meeting. At the meeting the contractor will be afforded an opportunity to be heard on all matters considered pertinent to the case, including any unresolved issues or matters of fact, law or accounting.

(d) Final determination. After the division meeting provided in paragraph (c) of this section has been held, or after it has been determined that no such meeting is required, the division will submit to the Board its recommendation for final disposition of the case. Thereupon the Board will make and enter its final determination with respect to the amount, if any, of excessive profits for the fiscal year under review. The final determination may be in an amount greater than, equal to, or less than the amount of any determination or recommendation by the Regional Board. If the final determination of the Board is that the contractor did not realize any excessive profits, the Board will notify the contractor by registered mail of such final determination, which will be embodied in a clearance notice or a clearance agreement, whichever is appropriate (see § 1473.4 of this subchapter). If the final determination of the Board is that the contractor realized excessive profits, the Board will notify the contractor by registered mail of such final determination and will afford the contractor a reasonable time, to be fixed by the Board, to notify the Board that it is or that it is not willing to enter into an agreement to eliminate excessive profits in the amount of such final determination. In order to assist the contractor in determining whether or not it will enter into an agreement, the Board will, upon request, furnish a summary of the facts and reasons upon which the determination is based as provided in § 1477.3 of this subchapter. After such notification from the contractor, or upon the failure of the contractor to furnish such notification within the time fixed therefor by the Board, the procedure set forth in Part 1474 or Part 1475 of this subchapter for the making of an agreement or the issuance of an order, as the

case may be, will be followed. In the event of the issuance of an order, the contractor will be entitled, upon request, to a statement of the determination, of the facts used as a basis therefor, and the reasons for such determination as provided in § 1477.2 of this subchapter.

§ 1472.5 Notice of Points for Presentation.— (a) Time for mailing. Prior to the meeting with the contractor prescribed by § 1472.4, the contractor shall be entitled to receive a Notice of Points for Presentation. In the absence of unusual circumstances, such notice will be mailed to the contractor not less than 10 days before the date fixed for such meeting.

(b) Purpose. The purpose of the Notice of Points for Presentation is to enable the contractor to prepare for the meeting with the Board division, and to address itself in particular at such meeting to the points or matters on which presentation is desired by the division.

(c) Contents. The Notice of Points for Presentation will set forth, in summary form, the points or matters on which presentation is desired by the Board division, and will state that, although the contractor will have the opportunity to present and discuss with the division any matters which the contractor considers pertinent, the contractor will be expected to deal specifically and in appropriate detail with the points or matters set forth in the notice. Such points or matters may relate to facts, law, accounting, factor evaluation, or other aspects of the case. Every reasonable effort will be made to set forth in the notice the points or matters with respect to which it is believed that presentation will be helpful to the division in its consideration of the case.

(d) Effect. The mailing of the Notice of Points for Presentation will not limit or otherwise affect the authority of the Board, in determining excessive profits of the contractor, to take into consideration any points or matters pertinent to such determination, whether set forth in the notice or not. The Notice of Points for Presentation is not and is not to be construed as the statement furnished pursuant to § 1477.2 or the summary furnished pursuant to § 1477.3 of this subchapter, and the mailing of such notice shall not affect the right of the contractor to request such statement or such

summary in accordance with the provisions of such sections.

1472.6 Filing of information and requests by contractor.-(a) Scope of seotion. This section prescribes general rules applicable to the time, place and manner of filing information and requests in connection with renegotiation proceedings. As used in this section, the term "filing" means the submission by the contractor of any such information or requests.

(b) (1) Information.-Every prime contractor or subcontractor who is required by the first sentence of section 105(e)(1) of the act to file a financial statement with the Board for a fiscal year is required to file the information prescribed by Part 1470 of this subchapter to be contained in the Standard Form of Contractor's Report. Any prime contractor or subcontractor who elects to file a financial statement with the Board for a fiscal year pursuant to the second sentence of section 105(e)(1) of the act may file the Statement of Non-Applicability. Any prime contractor or subcontractor, whether or not he has filed a Standard Form of Contractor's Report or a Statement of Non-Applicability, may be required by the Board to file any information, records or data which are determined by the Board or a Regional Board to be necessary to carry out the provisions of the act.

(2) Requests.-Requests which may be filed by the contractor include the following: Request for combined renegotiation, as provided in 1457. 2 of this subchapter; requests for renegotiation on a consolidated basis, as provided in Part 1464 and § 1470.3 (h) of this subchapter; requests for review of determination in a Class B case, as provided in § 1475.3(b) of this subchapter; and requests for statements of determination, facts and reasons, as provided in §§ 1477.2 and 1477.3 of this subchapter, respectively.

(c) Form and contents for filings.-(1) General. When no particular form for a filing is requested by the Board or a Regional Board or is prescribed in this subchapter, information or requests shall be filed in the form of a letter, telegram or other writing. Every filing shall contain the name and address of the contractor and a reference to the fiscal year or period to which the filing relates.

(2) Amended filings.-If the contractor discovers an error or omission in information already filed pursuant to section 105(e) of the act, or if the contractor obtains new information materially affecting information which was filed pursuant to section 105(e) of the act, the contractor shall file full and correct information forthwith. In the event that the contractor discovers a material error in the Standard Form of Contractor's Report after filing but before receiving notice of assignment (see § 147.2(c) of this subchapter) for the fiscal year to which such filing relates, the contractor shall file an amended Standard Form of Contractor's Report, or portion thereof, indicating the changes contained therein. The Board or a Regional Board may accept or reject, at its discretion, any amended filing received after the period of time for filing (see paragraph (e) of this section), but such amended filing will normally be accepted if the Board or Regional Board considers that the proper conduct of a renegotiation proceeding is facilitated thereby.

(d) Place for filing.—(1) Principal offices.The principal office of the Board is located at 1910 K Street NW., Washington, D.C., and the mailing address of the Board is The Renegotiation Board, Washington 25, D.C.

The following are the addresses of the principal offices of the Regional Boards:

Eastern Regional Renegotiation Board
1634 Eye Street N.W.,
Washington 25, D.C.

Western Regional Renegotiation Board
5504 Hollywood Boulevard
Los Angeles 28, Calif.

(2) Filing of information.-The Standard Form of Contractor's Report or the Statement of Non-Applicability, if such latter form is appropriate and the contractor elects to file the same, shall be filed with the Director, Office of Assignments, of the Board at the principal office of the Board. Such other information, records, or data which are determined to be necessary in renegotiation proceedings shall be filed at the place designated by the Board or Regional Board, as the case may be.

(3) Filing of certain requests with Board.The request for review of determination in a Class B case, as provided in §1475.3(b) of this subchapter, and requests for statements of determination, facts and reasons, when directed to the Board pursuant to §1477.2 or $1477.3 of this subchapter, shall be filed with the Secretary to the Board at the principal office of the Board.

(4) Filing of certain requests with Regional Boards. Requests for statements of determination, facts and reasons, when directed to a Regional Board pursuant to §1477.2 or $1477.3 of this subchapter, shall be filed with the Director, Division of Administration, of such Regional Board at the office of such Regional Board.

(e) Time for filing.—(1) General.-Time limitations are prescribed in this subchapter for the filing of certain information and requests by the contractor, subject to the provisions of subparagraph (4) of this praragraph relating to extensions of time. Where no such time limitation is prescribed, the information or request shall be filed within a reasonable time. Filings will be considered made when received at the place prescribed in this subchapter. Filings shall be made during hours of business, as set forth in subparagraph (2) of this paragraph, and within the appropriate period of time computed according to the provisions of subparagraph (3) of this paragraph.

(2) Hours of business.-The offices of the Board and of Regional Boards are open every day except Saturdays, Sundays and holidays. The hours of business of such offices are from 8:30 a.m. to 5 p.m., standard time or daylight saving time, as applicable in the time zone and city in which each such office is located, except that the hours of business of the Western Regional Renegotiation Board are from 8 a.m. to 4:30 p.m.

(3) Computation of time.-In computing periods of time prescribed for filing of information or requests by the contractor, the day of the act, event or default after which such period begins to run is not included. If such period is described in calendar months (see $1470.3(d) of this subchapter), the month in which such day occurs is not included. The last day of the period so computed is included, unless it is a