A Primer on Government Contract Claims: With Rules of the Boards of Contract Appeals |
From inside the book
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Page 4
... relevant evidence is provided to the contracting officer prior to his final decision . There is no time limit in which the contracting officer must render his final decision in writing . In coming to his decision , the contracting ...
... relevant evidence is provided to the contracting officer prior to his final decision . There is no time limit in which the contracting officer must render his final decision in writing . In coming to his decision , the contracting ...
Page 18
... relevant to the issues in the appeal , which are in the other party's possession , custody , or control . The Board , upon its own motion , may , at any time prior to rendering its decision , make a request upon either party to the ...
... relevant to the issues in the appeal , which are in the other party's possession , custody , or control . The Board , upon its own motion , may , at any time prior to rendering its decision , make a request upon either party to the ...
Page 20
... relevant to the issues raised in the appeal but may exclude that which it considers remote , speculative , or cumu- lative . ( 2 ) On appeals from debarment by the Corporation for causes specified in paragraph ( a ) or ( b ) of § 1407.5 ...
... relevant to the issues raised in the appeal but may exclude that which it considers remote , speculative , or cumu- lative . ( 2 ) On appeals from debarment by the Corporation for causes specified in paragraph ( a ) or ( b ) of § 1407.5 ...
Page 22
... relevant and material facts , and to discourage unwarranted surprise . The parties are expected to cooperate and to voluntarily comply with the intent of such procedures without resort to the Board except on controversial questions ...
... relevant and material facts , and to discourage unwarranted surprise . The parties are expected to cooperate and to voluntarily comply with the intent of such procedures without resort to the Board except on controversial questions ...
Page 25
... relevant and material by the Board . The Board upon its own initiative may call upon either party , with appropriate notice to the other , for evidence deemed by it to be relevant and material . The weight to be attached to any evidence ...
... relevant and material by the Board . The Board upon its own initiative may call upon either party , with appropriate notice to the other , for evidence deemed by it to be relevant and material . The weight to be attached to any evidence ...
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Common terms and phrases
30 days administrative affirmative defenses agency amended answer appeal file appeal is taken application appropriate attorney attorney at law authorized representative Board member Board of Contract cause shown Chairman complaint consider Contract Appeals Board contracting officer contractor copies thereof court days after receipt deemed Department designated determination of appeals discretion dismiss Disputes clause District of Columbia docket documents elect exhibits Federal findings of fact furnished Government contract inspection inspection of documents issues liquidated damages mailing matter ment motion for reconsideration notice of appeal notice of hearing notify oath opposing party optional accelerated procedure oral examination oral hearing otherwise panel pending permit person pertinent pleadings Posthearing briefs Prehearing briefs proceedings promptly proper scope received in evidence relevant and material remanded request Secretary served set for hearing small business specifically statements stipulations submission submitted Subpart subpoena tion transcript U.S. District Court Unexcused absence United States Code witness written interrogatories
Popular passages
Page 124 - Upon motion of any party showing good cause therefor and upon notice to all other parties, and subject to the provisions of Rule 30 (b), the court in which an action is pending may (1) order any party to produce and permit the inspection and copying or photographing, by or on behalf of the moving party, of any designated documents, papers, books, accounts, letters, photographs, objects, or tangible things, not privileged, which constitute or contain evidence relating to any of the matters within...
Page 63 - USE OF DEPOSITIONS. At the trial or upon the hearing of a motion or an interlocutory proceeding, any part or all of a deposition, so far as admissible under the rules of evidence, may be used against any party who was present or represented at the taking of the deposition or who had due notice thereof...
Page 16 - The decision of the Secretary or his duly authorized representative for the determination of such appeals shall be final and conclusive unless determined by a court of competent jurisdiction to have been fraudulent, or capricious, or arbitrary, or so grossly erroneous as necessarily to imply bad faith, or not supported by substantial evidence.
Page 171 - Documents (a) Request for Admission. After commencement of an action a party may serve upon any other party a written request for the admission by the latter of the genuineness of any relevant documents described in and exhibited with the request or of the truth of any relevant matters of fact set forth in the request.
Page 63 - ... such exceptional circumstances exist as to make it desirable, in the interest of justice and with due regard to the importance of presenting the testimony of witnesses orally in open court, to allow the deposition to be used.
Page 59 - When issues not raised by the pleadings are tried by express or implied consent of the parties, they shall be treated in all respects as if they had been raised in the pleadings. Such amendment of the pleadings as may be necessary to cause them to conform to the evidence...
Page 126 - In any action, the court may in its discretion direct the attorneys for the parties to appear before it for a conference to consider (1) The simplification of the issues; (2) The necessity or desirability of amendments to the pleadings; (3) The possibility of obtaining admissions of fact and of documents which will avoid unnecessary proof...
Page 54 - The last day of the period so computed shall be included, unless it is a Saturday, a Sunday, or a legal holiday, in which event the period runs until the end of the next day which is not a Saturday, a Sunday, or a legal holiday.
Page 54 - ... request therefor is made before the expiration of the period originally prescribed or as extended by a previous order, or (2) upon motion made after the expiration of the specified period permit the act to be done where the failure to act was the result of excusable neglect...
Page 65 - ... (b) Officer to Take Responses and Prepare Record. A copy of the notice and copies of all interrogatories served shall be delivered by the party taking the deposition to the officer...