[Code of Federal Regulations]

[Title 43, Volume 1]

[Revised as of October 1, 2006]

From the U.S. Government Printing Office via GPO Access

[CITE: 43CFR4.100]



[Page 72-74]

 

                    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 Sec.  Sec.  4.102 

(c), (d),



[[Page 73]]



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 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



[[Page 74]]



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