[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: 43CFR4.102]

[Page 56-57]
 
                    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. 4.102  Appeals--how taken.

    (a) Notice of appeal. Notice of an appeal must be in writing (a 
suggested form of notice appears as appendix I to subpart C herein 
following Sec. 4.128). The original, together with two copies, may be 
filed with the Board or the contracting officer from whose decision the 
appeal is taken. The notice of appeal must be mailed or otherwise filed 
within 90 days from the date of receipt of the contracting officer's 
decision, if the appeal is subject to the Contract Disputes Act of 1978; 
otherwise, within the time specified therefor in the contract.
    (b) Contents of notice of appeal. A notice of appeal should indicate 
that an appeal is thereby intended, and should identify the contract (by 
number), the Department's bureau or office involved in the dispute, and 
the decision from which the appeal is taken. The notice of appeal should 
be signed personally by the appellant (the contractor making the 
appeal), or by an authorized officer of the appellant corporation or 
member of the appellant firm, or by the contractor's duly authorized 
representative or attorney. The complaint referred to in Sec. 4.107 may 
be filed with the notice of appeal, or the contractor may designate the 
notice of appeal as a complaint, if it otherwise fulfills the 
requirements of a complaint.
    (c) Failure of CO to issue decision on claims of $50,000 or less. 
Where the contractor has submitted a claim of $50,000 or less to the 
contracting officer and has requested a written decision within 60 days 
from receipt of the request, and the contracting officer has not 
complied, the contractor may file a notice of appeal as provided in 
paragraph (a) of this section, citing the failure of the contracting 
officer to issue a decision. (See Sec. 4.100(a)(2).)
    (d) Failure of CO to issue decision on claims in excess of $50,000. 
Where the contractor has submitted a claim in excess of $50,000 to the 
contracting officer and the contracting officer has failed to issue a 
decision within a reasonable time, the contractor may file a notice of 
appeal as provided in paragraph (a) of this section, citing the failure 
to issue a decision. (See Sec. 4.100(a)(2).)
    (e) Optional stay of proceeding. Upon docketing of appeals filed 
pursuant to

[[Page 57]]

paragraphs (c) or (d) of this section, the Board may at its option, stay 
further proceedings pending issuance of a final decision by the 
contracting officer within such period of time as is determined by the 
Board. (See Sec. 4.100(a)(2).)