[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: 43CFR4.104]



[Page 75]

 

                    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 identify 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.