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tor of Labor. When the Board receives $29-60.205-2 Notification to appellant. the original or copy of a notice of
Upon receipt of the foregoing appeal appeal from a source other than the contracting officer, the contracting of
file, the Board shall notify the appel
lant, provide him with a listing of its ficer shall be advised promptly, given
contents, and shall afford him an opa copy of the notice, and shall be re
portunity to examine the complete quested to follow the same procedure
compilation at the office of the conas if he had received the notice direct
tracting officer, or at the office of the ly from the appellant.
Board, for the purpose of satisfying
himself as to the contents, and fur$ 29-60.204 Acknowledgment of appeal
nishing or suggesting any additional and distribution.
documentation deemed pertinent to After the Board receives a notice of the appeal. The Board also will appeal, it will promptly acknowledge promptly advise the parties regarding receipt thereof to the appellant, who any later documentation of the appeal shall be furnished a copy of these file. rules. The Board simultaneously will transmit copies of appropriate docu
$ 29-60.206 Pleadings. ments to the contracting officer, and
$ 29-60.206-1 Complaint. the Solicitor of Labor.
Within 30 days after receipt of § 29-60.205 Appeal file.
notice of docketing of the appeal by
the Board, the appellant shall file $ 29-60.205-1 Preparation and submission. with the Board an original and two Following receipt of the notice of
copies of a complaint setting forth
copies appeal, or advice that an appeal has
simple, concise, and direct statements been filed, the contracting officer
of each claim, alleging the basis with
appropriate reference to contract proshall promptly, and in any event
visions for each claim, and the dollar within 30 days, compile and transmit
amount claimed. Upon receipt thereof, to the Board an appeal file consisting
the Board shall serve a copy upon the of copies of all documents pertinent to
Solicitor of Labor. Should a complaint the appeal, together with an index
not be mailed or otherwise filed within listing the documents. The contracting
30 days, appellant's claim and notice officer shall simultaneously transmit
of appeal shall be deemed to set forth two copies of the appeal file to the So
its complaint and the Solicitor of licitor of Labor and shall retain one
Labor shall be so notified. copy in his office. There should be included:
§ 29-60.206-2 Answer. (a) The decision from which the
Within 30 days from receipt of said appeal is taken and any findings of
complaint, or the aforesaid notice fact made in connection therewith,
from the Board, the Solicitor of Labor and the letter or letters or other docu
shall prepare and file with the Board ments of claim in response to which
an original and two copies of an the decision was issued;
answer thereto, setting forth simple, (b) The contract and pertinent
concise, and direct statements of its plans, specifications, amendments, and
defenses to each claim asserted by apchange orders;
pellant. This pleading shall set forth (c) Correspondence between the par any affirmative defenses or counterties and other data pertinent to the claims, as appropriate. Upon receipt appeal;
thereof, the Board shall serve a copy (d) Transcripts of any testimony upon appellant. taken during the course of proceedings, and affidavits or statements of
$ 29-60.206-3 Amendment of pleadings. any witnesses on the matter in dispute The Board may, in its discretion, and made prior to the filing of the notice within the proper scope of the appeal, of appeal with the Board; and
permit or require either party to (e) Such additional information as amend its pleading upon conditions may be considered material.
just to both parties. When issues
within the proper scope of the appeal, but not raised by the pleadings or documentation described in $ 29-60.206, are tried by express or implied consent of the parties, or by permission of the Board they shall be treated in all respects as if they had been raised therein. In such instances, motions to amend the pleadings to conform to the proof may be entered, but are not required. If evidence is objected to at a hearing on the ground that it is not within the issues raised by the pleadings or the appeal file (which shall be deemed part of the pleadings for this purpose), it may be admitted within the proper scope of the appeal: Provided, however, That the objecting party may be granted a continuance, if necessary, to enable him to meet such evidence.
$29-60.208 Hearing election.
Upon receipt of the Government's answer, appellant promptly shall advise the Board whether it desires a hearing, as prescribed in $ 29-60.217, or whether in the alternative it elects to submit its case on the record without a hearing, as prescribed in § 2960.211. In appropriate cases, the appellant also shall elect whether it desires the optional accelerated procedure prescribed in § 29-60.212. The Government also shall have the right to request a hearing, and the Board may direct that a hearing be held upon its own motion.
$ 29-60.207 Motions.
$ 29-60.207-1 Types.
The Board may entertain the following motions:
(a) To dismiss for lack of jurisdiction;
(b) To dismiss the appeal for failure by the contractor to state a claim for which relief can be granted;
(c) To dismiss the appeal for failure of the contractor to prosecute;
(d) To grant the appeal for failure of the Government to prosecute its defense; or
(e) Such other motions as may be appropriate.
$ 29-60.209 Prehearing briefs.
Based on an examination of the documentation described in the pleadings, and a determination of whether the arguments and authorities addressed to the issues are adequately set forth therein, the Board may, in its discretion, require the parties to submit prehearing briefs in any case in which a hearing has been elected pursuant to $ 29-60.208. In the absence of a Board requirement therefor, either party may, in its discretion and upon appropriate and sufficient notice to the other party, furnish a prehearing brief to the Board. In any case where a prehearing brief is submitted, it shall be furnished so as to be received by the Board at least 15 days prior to the date set for hearing, and a copy shall simultaneously be furnished to the other party as arranged. $ 29-60.210 Prehearing conference.
Whether the case is to be submitted pursuant to § 29-60.211, or heard pursuant to $ 29-60.217, the Board may upon its own initiative, or upon the application of either party, call upon the parties to appear before a member of the Board for a conference to consider:
(a) The simplification or clarification of the issues;
(b) The possibility of obtaining stipulations, admissions, agreements on documents, understandings on matters already of record, or similar agreements which will avoid unnecessary proof;
$ 29-60.207-2 For lack of jurisdiction.
Any motion addressed to the jurisdiction of the Board, and any reply thereto, shall be promptly filed. Oral argument on the motion shall be afforded an application of either party, unless the Board determines that its decision on the motion will be deferred pending hearing on both the merits and the motion. The Board shall have the right at any time, and on its own motion, to raise the issue of its jurisdiction to proceed with a particular case, and shall do so by an appropriate order, affording the parties an opportunity to be heard thereon.
$ 29-60.213 Closing of the record.
(c) The limitation of the number of expert witnesses, or avoidance of similar cumulative evidence, if the case is to be heard;
(d) The possibility of agreement disposing of all or any of the issues in dispute; and
(e) Such other matters as may aid in the disposition of the appeal. Such conferences shall be on the record at the discretion of the presiding Board member. The results of the conference shall be reduced to writing by the presiding Board member, and this writing or any transcript of the conference shall thereafter constitute part of the record.
$29-60.213-1 Time of submission for deci.
sion. A case submitted on the record pursuant to § 29-60.211 or § 29-60.212 shall be ready for decision when the parties are so notified by the Board. A case which is heard shall be ready for decision upon receipt of transcript, or upon receipt of briefs when briefs are ordered to be submitted by the Board.
§ 29-60.213-2 Record bases for decision.
The record shall consist of the appeal file described in § 29-60.205-1, and any additional material, pleadings, briefs, records of conferences, depositions, interrogatories and answers, admissions, transcripts of hearing, and hearing exhibits.
$ 29-60.211 Submission without a hearing.
Where neither party desires a hearing, and the Board does not require one, the Board's decision will be based upon the available record as furnished by the parties.
$ 29-60.212 Optional accelerated proce
dure. (a) An appeal involving sums not in excess of $10,000 shall be handled under this rule at the written request of the appellant and upon concurrence of the Board.
(b) The appeal will be decided on the basis of the available record as furnished by the parties unless a hearing has been requested by either party, or unless the Board orders a hearing.
(c) With the concurrence of the Government, the appeal shall be decided by the chairman of the panel to which the appeal has been assigned. For this purpose, the chairman of the panel is vested with all the authority and power of the full Board to hear, con sider, and decide the appeal. At the discretion of the panel chairman, the panel shall participate in the decision.
(d) Under this accelerated procedure, the decision will be issued on an expedited basis, without regard to its normal position on the docket, and will be rendered in summary form unless other action appears indicated.
$ 29-60.213-3 Availability of record.
This record will at all times be available for inspection by the parties at the office of the Board. In the interest of convenience, prior arrangements for inspection of the file should be made with the Clerk of the Board. Copies of material in the record may, if practicable, be furnished to appellant at the cost of reproduction. $ 29-60.214 Depositions. $ 29-60.214-1 When permitted.
After an appeal has been docketed, the Board may, upon motion of either party filed with the Board, with notice thereof to the other party, upon good cause shown, order the taking of testimony of any person by deposition upon oral examination or written interrogatories before any officer authorized to administer oaths at the place of examination, for use as evidence or for purpose of discovery. § 29-60.214-2 Orders on depositions.
The time, place, and manner of taking depositions shall be governed by order of the Board. $ 29-60.214-3 Use as evidence.
No testimony taken by deposition shall be considered as part of the evidence in the hearing of an appeal unless and until such testimony is offered and received in evidence at such
hearing. Testimony will not ordinarily be received in evidence if the deponent is present and can testify personally at the hearing. In such instance, however, the deposition may be used to contradict or impeach the testimony of the witness given at the hearing. In cases otherwise decided on the record, the Board may, on motion of either party and in its discretion, receive de positions as evidence in supplementation of that record.
$ 29–60.214-4 Expenses.
All expenses of taking the deposition of any person shall be borne by the party taking that deposition, except that the other party shall be entitled to copies of the transcript of the deposition upon paying therefor.
$ 29-60.215 Interrogatories to parties, pro
duction and inspection of documents.
$29-60.216 Service of papers.
Except where these rules specifically provide for service of documents by the Board, all motions, answers, briefs, notices, and all other papers filed with the Board shall be served by the filing party on the opposing party. Service shall be made by delivering in person or by mailing, properly addressed with postage prepaid, one copy of the document to the opposing party or its counsel. There shall be attached to the original of each document filed with the Board a certificate of service signed by the filing party stating that service has been made. $ 29-60.217 Hearings. $ 29-60.217-1 Where and when held.
Hearings ordinarily will be held in Washington, D.C., except that upon request and upon good cause shown, the Board may, in its discretion, set the hearing at another location. Hearings will be scheduled at the discretion of the Board with due consideration to the regular order of appeals and other pertinent factors. On request or motion by either party and upon good cause shown, the Board may, in its discretion, advance or postpone a hearing. $ 29-60.217-2 Notice of hearings.
The parties shall be given at least 15 days' notice of the time and place set for hearings. In scheduling hearing dates, the Board will give due regard to the desires of the parties, and to the requirement for just and inexpensive determination of appeals without unnecessary delay. Notice of hearing shall be acknowledged promptly by the parties. A party failing to acknowledge a notice of hearing shall be deemed to have submitted the case upon the Board record as provided in
$ 29-60.215-1 Interrogatories to parties.
After an appeal has been filed with the Board, a party may serve on the other party written interrogatories to be answered separately in writing, signed under oath and returned within 30 days from date of service. Upon timely objection by the party, the Board will determine the extent to which the interrogatories will be permitted. The scope and use of interrogatories will be controlled by $ 2960.214.
§ 29-60.215-2 Production and inspection
of documents. Upon motion of any party showing good cause therefor, and upon notice, the Board may order the other party to produce and permit the inspection and copying or photographing of any designated documents or objects, not privileged, specifically identified, and their relevance and materiality to the cause or causes in issue explained, which are reasonably calculated to lead to the discovery of admissible evidence. If the parties cannot themselves agree thereon, the Board shall specify just terms and conditions of making the inspection and taking the copies and photographs.
$ 29-60.217–3 Unexcused absence of a
party. The unexcused absence of a party at the time and place set for hearings will not be occasion for delay. In the event of such absence, the hearing will proceed and the case will be regarded as submitted by the absent party as provided in § 29-60.211.
$ 29-60.217-4 Nature of hearings.
$ 29-60.217–8 Transcript of proceedings. Hearings will be as informal as rea- Testimony and argument at hearsonably permissible, and will seek to ings shall be reported verbatim. Tranprovide the Board with the pertinent scripts of the proceedings shall be supfacts and the positions of the parties plied to the parties at such rates as as a basis for the Board's decision or may be fixed by contract between the recommendation. The parties may Department and the reporting firm. offer such relevant evidence or argument as they deem appropriate; sub
$ 29-60.217-9 Withdrawal of exhibits. ject, however, to the exercise of rea After a decision has become final, sonable discretion by the presiding the Board may, upon request and member of the Board in supervising after notice to the other party, in its the extent and manner of presenting discretion, permit the withdrawal of such evidence. The weight to be at original exhibits, or any part thereof, tached to any evidence presented will by the party entitled thereto. The subbe determined by the Board.
stitution of true copies of exhibits or
any part thereof may be required by $ 29-60.217-5 Examination of witnesses. the Board in its discretion as a condi
tion of granting permission for such Witnesses before the Board may be
withdrawal. examined orally under oath or affirmation, unless the facts are stipulated,
$ 29–60.218 Representation of parties. or the presiding Board member shall otherwise order. If the testimony of a $ 29-60.218-1 Representation of appellant. witness is not given under oath, the
An appellant may appear before the presiding Board member may, if he
Board in person or may be represented deems it expedient, warn the witness
by counsel or by any other duly authat his statements may be subject to
thorized representative. the provisions of 18 U.S.C. 287 and 1001, and any other provisions of law $29-60.218-2 Representation of Governimposing penalties for knowingly
ment. making false representations in con
Counsel designated by the Solicitor nection with claims against the United
of Labor shall represent the interests States or in any matter within the ju
of the Department before the Board. risdiction of any department or agency
They shall file notices of appearance thereof.
with the Board, and notice thereof § 29-60.217–6 Copies of papers.
will be given appellant or his attorney
in the form specified by the Board (a) All documents offered in evi- from time to time. Whenever it apdence at a hearing must be submitted pears that appellant and the Soliciin triplicate.
tor's Office are in agreement as to dis(b) When books, records, papers, or position of the controversy, the Board documents have been received in evi may suspend further processing of the dence, a true copy thereof, or of such appeal in order to permit reconsiderpart thereof as may be material or rel ation by the contracting officer: Proevant, may be substituted therefor vided, however, That if the Board is during the hearing or at the conclu
advised by either party that the consion thereof.
troversy has not been disposed of by
agreement, the case shall be restored $ 29-60.217-7 Posthearing submissions. to the Board's docket.
Unless otherwise directed by the 829-60.219 Decisions of the Board. Board, the parties will submit simultaneous briefs within 30 days of the re
Decisions of the Board will be made ceipt of the transcript, and reply
in writing and a certified copy thereof
will be forwarded to appellant. Copies briefs within 20 days of receipt of the
also will be sent to the Solicitor of initial briefs.
Labor and to the contracting officer.