[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: 43CFR4.104]

[Page 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. 4.104  Preparation, organization, transmittal, and status of appeal file.

    (a) Preparation and transmittal of appeal file. Following receipt of 
a notice of appeal, or advice that an appeal has been docketed, the 
contracting officer shall promptly, and in any event within 30 days, 
compile and transmit to the Board the appeal file which shall consist of 
copies of all documents pertinent to the appeal. Within the same time 
period the contracting officer shall also prepare and transmit a copy of 
the appeal file to the Department counsel and a copy to the appellant or 
appellant's counsel. (However, the obligations of this subparagraph are 
subject to the provisions of paragraph (e) of this section.)
    (b) Composition of appeal file. The appeal file shall include the 
following:
    (1) The findings of fact and decision from which the appeal is 
taken, and the letter or letters or other documents of claim in response 
to which the decision was issued;
    (2) The contract, and pertinent plans, drawings, specifications, 
amendments, and change orders;
    (3) All correspondence between the parties pertinent to the appeal; 
and
    (4) Such additional information as may be considered pertinent and 
material.
    (c) Organization of appeal file. Documents in the appeal file may be 
originals, legible facsimiles, or authenticated copies thereof, and 
shall be arranged in chronological order where practicable, numbered 
sequentially, tabbed, and indexed to indentify the contents of the file, 
and bound. Any single document consisting of three or more pages shall 
be numbered sequentially for convenient reference at the hearing and in 
the preparation of briefs.
    (d) Opportunity for appellant to supplement appeal file. The 
appellant shall be afforded the opportunity of supplementing the appeal 
file with such documentation as may be deemed pertinent to the appeal. 
The appellant shall be obligated, however, to furnish to Department 
counsel a copy of any document by which the appeal file is supplemented.
    (e) Burdensome documents. The Board may waive the requirement of 
furnishing to the other party copies of bulky, lengthy, or out-of-size 
documents in the appeal file if a party has shown that doing so would 
impose an undue burden. At the time a party files with the Board a 
document as to which such a waiver has been granted, he shall notify the 
other party that the same or a copy is available for inspection at the 
offices of the Board or of the party filing the same.

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