[Code of Federal Regulations]
[Title 43, Volume 1]
[Revised as of October 1, 2002]
From the U.S. Government Printing Office via GPO Access
[CITE: 43CFR4.100]

[Page 55-56]
 
                    TITLE 43--PUBLIC LANDS: INTERIOR
 
PART 4--DEPARTMENT HEARINGS AND APPEALS PROCEDURES--Table of Contents
 
   Subpart C--Special Rules of Practice Before the Interior Board of 
                            Contract Appeals
 
Sec. 4.100  General rules and guidelines.

    Authority: 5 U.S.C. 301 and the Contract Disputes Act of 1978 (Pub. 
L. 95-563, Nov. 1, 1978 (41 U.S.C. 601-613)).

    Source: 46 FR 57499, Nov. 24, 1981, unless otherwise noted.


    (a) Effective date and applicability--(1) Effective date and general 
applicability. These rules shall be in effect on and after March 1, 
1979, and except as qualified by the provisions of paragraphs (a)(2) and 
(3) of this section, shall apply to all appeals brought before the 
Interior Board of Contract Appeals.
    (2) Special applicability. The rule set forth in Sec. 4.102(a) 
provides for alternative applicability, depending upon whether the 
appeal involved is subject to the Contract Disputes Act of 1978, Public 
Law 95-563 (41 U.S.C. 601-613). The rules set forth in Secs. 4.102 (c), 
(d), and (e), 4.113, and 4.120 shall apply exclusively to appeals which 
are subject to the Contract Disputes Act of 1978.
    (3) When an appeal is subject to the Contract Disputes Act of 1978. 
An appeal shall be subject to the Contract Disputes Act of 1978 if it 
involves a contract entered into on or after March 1, 1979; or, at the 
election of the appellant, if the appeal involves a contract entered 
into before March 1, 1979, and the contracting officer's decision from 
which the appeal is taken is dated March 1, 1979, or thereafter.
    (b) Jurisdiction for considering appeals. The Interior Board of 
Contract Appeals (referred to herein as the ``Board'') shall consider 
and determine appeals from decisions of contracting officers relating to 
contracts made by (i) the Department of the Interior or (ii) any other 
executive agency when such agency or the Administrator of the Office of 
Federal Procurement Policy has duly designated the Board to decide the 
appeal.
    (c) Location and organization of the Board. (1) The Board's address 
is 801 North Quincy Street, Arlington, Virginia 22203. Its telephone 
number is (703) 235-3813.
    (2) The Board consists of a Chairman, Vice Chairman, and other 
members all of whom are attorneys at law duly licensed by a State, 
Commonwealth, Territory, or the District of Columbia. In general, the 
appeals are assigned to a panel of at least two members who decide the 
cases. However, in cases of disagreement, or unusual circumstances, a 
panel of three members will be assigned to decide by a majority vote. 
Board members are designated Administrative Judges.
    (d) Time extensions and computations. (1) Where possible, procedural 
actions should be taken in less time than the maximum time allowed. 
Where appropriate and justified, however, extensions of time will be 
granted. All requests for extensions of time shall be in writing.
    (2) In computing any period of time, the day of the event from which 
the designated period of time begins to run shall not be included, but 
the last day of the period shall be included unless it is a Saturday, 
Sunday, or a legal holiday, in which event the period shall run to the 
end of the next business day.
    (e) General guidelines--(1) Place of filings. Unless the Board 
otherwise directs, all notices of appeal, pleadings, and other 
communications shall be filed with the Board at the address indicated 
herein. Communications to the Board shall be addressed to Interior Board 
of Contract Appeals, 801 North Quincy Street, Arlington, Virginia 22203.
    (2) Representation of parties. Whenever in these rules reference is 
made to contractor, appellant, contracting officer, respondent, or 
parties, this shall include respective counsel for the parties, as soon 
as appropriate notices of appearances have been filed with the

[[Page 56]]

Board. In those cases where an executive agency, other than the 
Department of the Interior, has designated the Board to adjudicate its 
contract appeals, the term, ``Department Counsel,'' shall mean 
Government Counsel assigned to represent such agency.
    (3) Interpretation of these rules. These rules will be interpreted 
so as to secure a just and inexpensive determination of appeals without 
unnecessary delay.
    (4) Decisions on questions of law. When an appeal is taken pursuant 
to a disputes clause in a contract which limits appeals to disputes 
concerning questions of fact, the Board will, nevertheless, consider and 
decide all questions of law necessary for the complete adjudication of 
the issues.
    (f) Ex parte communications. No member of the Board or of the 
Board's staff shall entertain, nor shall any person directly or 
indirectly involved in an appeal submit to the Board or the Board's 
staff, off the record, any evidence, explanation, analysis, or advice, 
whether written or oral, without the knowledge and consent of the 
adverse party, regarding any matter at issue in that appeal. This 
provision does not apply to consultation among Board members or to ex 
parte communications concerning the Board's administrative functions or 
procedures.
    (g) Sanctions. If any party fails or refuses to obey an order issued 
by the Board, the Board may make such order in regard to the failure as 
it considers necessary to the just and expeditious conduct of the 
appeal.

[46 FR 57499, Nov. 24, 1981, as amended at 50 FR 8325, Mar. 1, 1985; 67 
FR 4368, Jan. 30, 2002]

                       Prehearing Procedure Rules