[Code of Federal Regulations]

[Title 48, Volume 4]

[Revised as of October 1, 2006]

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

[CITE: 48CFR333.212]



[Page 64]

 

            TITLE 48--FEDERAL ACQUISITION REGULATIONS SYSTEM

 

                  CHAPTER 3--HEALTH AND HUMAN SERVICES

 

PART 333_PROTESTS, DISPUTES, AND APPEALS--Table of Contents

 

                   Subpart 333.2_Disputes and Appeals

 

Sec. 333.212  Contracting officer's duties upon appeal.



    (a) Appeals shall be governed by the rules set forth in the ``Rules 

of the Armed Services Board of Contract Appeals'', or by the rules 

established by the U.S. Court of Federal Claims, as appropriate.

    (b) OGC-BAL is designated as the Government Trial Attorney to 

represent the Government in the defense of appeals before the ASBCA. A 

decision by the ASBCA will be transmitted by the Government Trial 

Attorney to the appropriate contracting officer for compliance in 

accordance with the ASBCA's decision.

    (c) If an appeal is filed with the ASBCA, the contracting officer 

shall assemble a file within 30 days of receipt of an appeal, or advice 

that an appeal has been filed, that consists of all documents pertinent 

to the appeal, including:

    (1) The decision and findings of fact from which the appeal is 

taken;

    (2) The contract, including specifications and pertinent 

modifications, plans and drawings;

    (3) All correspondence between the parties pertinent to the appeal, 

including the letter or letters of claim in response to which the 

decision was issued;

    (4) Transcripts of any testimony taken during the course of 

proceedings, and affidavits or statements of any witness on the matter 

in dispute made prior to the filing of the notice of appeal with the 

Board; and

    (5) Any additional information considered pertinent. The contracting 

officer shall furnish the appeal file to the Government Trial Attorney 

for review and approval. After approval, the contracting officer shall 

prepare four copies of the file, one for the ASBCA, one for the 

appellant, one for the Government Trial Attorney, and one for the 

contracting office.

    (d) At all times after the filing of an appeal, the contracting 

officer shall render whatever assistance is requested by the Government 

Trial Attorney. When an appeal is set for hearing, the concerned 

contracting officer, acting under the guidance of the Government Trial 

Attorney, shall be responsible for arranging for the presence of 

Government witnesses and specified physical and documentary evidence at 

both the pre-hearing conference and hearing.

    (e) If a contractor which has filed an appeal with the ASBCA elects 

to accept fully the decision from which the appeal was taken, or any 

modification to it, and gives written notification of acceptance to the 

Government Trial Attorney or the concerned contracting officer, the 

Government Trial Attorney will notify the ASBCA of the disposition of 

the dispute in accordance with Rule 27 of the ASBCA.

    (f) If the contractor has elected to appeal to the U.S. Court of 

Federal Claims, the U.S. Department of Justice will represent the 

Department. However, the contracting officer shall still coordinate all 

actions through OGC-BAL.