[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: 43CFR4.107]

[Page 58]
 
                    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. 4.107  Pleadings.

    (a) Complaint. Within 30 days after receipt of notice of docketing 
of the appeal, the appellant shall file with the Board an original and 
one copy of a complaint setting forth simple, concise, and direct 
statements of each claim, alleging the basis with appropriate reference 
to contract provisions for each claim, and the dollar amount claimed. 
This pleading shall fulfill the generally recognized requirements of a 
complaint, although no particular form or formality is required. Letter 
size paper should be used for the complaint and for all other papers 
filed with the Board. Where the appeal arises out of a contract made 
with the Department of the Interior, a copy of the complaint shall be 
served by appellant upon the Department counsel if known, otherwise, 
upon the Solicitor, U.S. Department of the Interior, C Street, between 
18th and 19th Streets, NW., Washington, DC 20240. Where the appeal 
arises out of a contract made with an agency other than the Department 
of the Interior, a copy of the complaint shall be served by appellant 
upon the General Counsel for that agency. All such service shall be made 
in accordance with Sec. 4.117. Should the complaint not be received 
within 30 days, appellant's claim and appeal documents may, if in the 
opinion of the Board the issues before the Board are sufficiently 
defined, be deemed to set forth a complaint and the Department counsel 
will be so notified.
    (b) Answer. Within 30 days from receipt of said complaint, or the 
aforesaid notice from the Board, the Department counsel shall prepare 
and file with the Board an original and one copy of an answer thereto, 
setting forth simple, concise, and direct statements of the Government's 
defenses to each claim asserted by appellant. This pleading shall 
fulfill the generally recognized requirements of an answer, and shall 
set forth any affirmative defenses or counterclaims, as appropriate. One 
copy of the answer will be served by the Department counsel upon the 
appellant in accordance with Sec. 4.117. Should the answer not be 
received within 30 days, the Board, may, in its discretion enter a 
general denial on behalf of the Government, and the appellant shall be 
so notified.