[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: 43CFR4.107]



[Page 75-76]

 

                    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



[[Page 76]]



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.