[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: 43CFR4.102]



[Page 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.  4.102  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 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).)