Page images
PDF
EPUB

thereafter upon stipulation of the par- the Board may, in its discretion, enter ties.

a general denial on behalf of the Gov.

ernment, and the appellant shall be so 8 1241.205 Motions.

notified. (a) Any motion addressed to the jurisdiction of the Board shall be

8 1241.207 Amendments of pleadings or promptly filed. Hearing on the motion record. shall be afforded on application of

The Board upon its own initiative or either party. However, the Board may

upon application by a party may order defer its decision on the motion pend

a party to make a more definite stateing hearing on both the merits and

ment of the complaint or answer, or to the motion. The Board shall have the

reply to an answer. The Board may, in right at any time and on its own initia

its discretion, and within the proper tive to raise the issue of its jurisdiction

scope of the appeal, permit either to proceed with a particular case, and

party to amend its pleading upon conshall do so by an appropriate order, af

ditions fair to both parties. When fording the parties an opportunity to

issues within the proper scope of the be heard thereon.

appeal, but not raised by the plead(b) The Board may entertain and

ings, are tried by express or implied rule upon other appropriate motions.

consent of the parties, or by permis8 1241.206 Pleadings.

sion of the Board, they shall be treat

ed in all respects as if they had been (a) Appellant. Within 30 days after

raised therein. In such instances, moreceipt of notice of docketing of the

tions to amend the pleadings to conappeal, the appellant shall file with

form to the proof may be entered, but the Board an original and two copies

are not required. If evidence is objectof a complaint setting forth simple,

ed to at a hearing on the ground that concise and direct statements of each

it is not within the issues raised by the of its claims. Appellant shall also set

pleadings, it may be admitted within forth the basis, with appropriate refer

the proper scope of the appeal, providence to contract provisions, of each

ed, however, that the objecting party claim and the dollar amount claimed,

may be granted a continuance if necesto the extent known. This pleading

sary to enable it to meet such evishall fulfill the generally recognized

dence. requirements of a complaint, although no particular form is required. Upon 8 1241.208 Hearing election. receipt of the complaint, the Board shall serve a copy of it upon the Gov

After filing of the Government's ernment. Should the complaint not be

answer or notice from the Board that received within 30 days, appellant's

it has entered a general denial on claim and appeal may, if in the opin

behalf of the Government, each party ion of the Board the issues before the

shall advise whether it desires a hearBoard are sufficiently defined, be

ing as prescribed in $ $ 1241,217 deemed to set forth its complaint and

through 1241.225, or whether it elects the Government shall be so notified.

to submit its case on the record with(b) Government. Within 30 days

out a hearing, as prescribed in from receipt of the complaint, or the

ne § 1241.211. aforesaid notice from the Board, the Government shall prepare and file

8 1241.209 Prehearing briefs. with the Board an original and two Based on an examination of the copies of an answer thereto. The pleadings, and its determination of answer shall set forth simple, concise whether the arguments and authoriand direct statements of Govern- ties addressed to the issue are adement's defenses to each claim asserted quately set forth therein, the Board by appellant, including any affirma- may, in its discretion, require the partive defenses available. Upon receipt ties to submit prehearing briefs in any of the answer, the Board shall serve a case in which a hearing has been electcopy upon appellant. Should the ed pursuant to § 1241.208. If the Board answer not be received within 30 days, does not require prehearing briefs either party may, in its discretion and ing the facts supporting their allegaupon appropriate and sufficient notice tions or defenses. Affidavits, deposito the other party, furnish a prehear- tions, admissions, answers to interrog. ing brief to the Board. In any case atories, and stipulations may be em. where a prehearing brief is submitted, ployed to supplement other documenit shall be furnished so as to be re- tary evidence in the Board record. The ceived by the Board at least 15 days Board may permit such submissions to prior to the date set for hearing, and a be supplemented by oral argument copy shall simultaneously be fur- (transcribed if requested), and by nished to the other party as previously briefs arranged in accordance with arranged.

& 1241.223.

8 1241.212 Optional small claims (expedit

ed) and accelerated procedures. These procedures are available solely at the election of the appellant.

8 1241.210 Prehearing or presubmission

conference. (a) Whether the case is to be submitted pursuant to $ 1241.211 or heard pursuant to $8 1241.217 through 1241.225, the Board may upon its own initiative, or upon the application of either party, arrange a telephone conference or call upon the parties to appear before an administrative judge of the Board for a conference to consider:

(1) Simplification, clarification, or severing of the issues;

(2) The possibility of obtaining stipulations, admissions, agreements and rulings on admissibility of documents, understandings on matters already of record, or similar agreements that will avoid unnecessary proof;

(3) Agreements and rulings to facilitate discovery;

(4) Limitation of the number of expert witnesses, or avoidance of similar cumulative evidence;

(5) The possibility of agreement disposing of any or all of the issues in dispute; and

(6) Such other matters as may aid in the disposition of the appeal.

(b) The administrative judge of the Board shall make such rulings and orders as may be appropriate to aid in the disposition of the appeal. The re. sults of pretrial conferences, including any rulings and orders, shall be reduced to writing by the administrative judge and this writing shall thereafter constitute a part of the record.

8 1241.212-1 Election to utilize small

claims (expedited) and accelerated pro

cedures. (a) In appeals where the amount in dispute is $10,000 or less, the appellant may elect to have the appeal processed under a small claims (expedited) procedure requiring decision of the appeal, whenever possible, within 120 days after the Board receives written notice of the appellant's election to utilize this procedure. The details of this procedure appear in § 1241.212-2 of this rule. An appellant may elect the accelerated procedure of paragraph (b) of this section rather than the small claims (expedited) procedure for any appeal eligible for the small claims (expedited) procedure.

(b) In appeals where the amount in dispute is $50,000 or less, the appellant may elect to have the appeal processed under an accelerated procedure requiring decision of the appeal, whenever possible, within 180 days after the Board receives written notice of the appellant's election to utilize this procedure. The details of this procedure appear in § 1241.212-3 of this rule.

(c) The appellant's election of either the small claims (expedited) procedure or the accelerated procedure may be made by written notice within 60 days after receipt of notice of docketing, unless such period is extended by the Board for good cause. The election may not be withdrawn except with permission of the Board and for good cause.

(d) In deciding whether the small claims (expedited) procedure or the

8 1241.211 Submission without a hearing.

Either party may elect to waive a hearing and to submit its case upon the record before the Board, as settled pursuant to $ 1241.213. Submission of a case without hearing does not relieve the parties from the necessity of prov

accelerated procedure is applicable to date scheduled, or if no hearing is a given appeal, the Board shall deter- scheduled, to close the record on a mine the amount in dispute by adding date that will allow decisions within to the amount claimed by the appel- the 120-day limit. The Board, in its lant against the Government the discretion, may impose shortened time amount claimed by the Government

periods for any actions prescribed or against the appellant. If either party allowed under these rules, as necesmaking a claim against the other sary to enable the Board to decide the party does not otherwise state in writ

appeal within the 120-day limit, allowing the amount of its claim, the

ing whatever time, up to 30 days, that amount claimed by such party shall be

the Board considers necessary for the the maximum amount which such

preparation of the decision after closparty represents in writing to the

ing the record and the filing of briefs, Board that it can reasonably expect to

if any. recover against the other.

(c) Written decision by the Board in 8 1241.212-2 The small claims (expedited) cases processed under the small claims procedure.

(expedited) procedure will be short

and contain only summary findings of (a) In cases proceeding under the

fact and conclusions. Decisions will be small claims (expedited) procedure,

rendered for the Board by a single adthe following time periods shall apply: (1) Within 10 days from the Govern

ministrative judge. If there has been a ment's first receipt from either the ap

hearing, the administrative judge prepellant or the Board of a copy of the

siding at the hearing may, in the appellant's notice of election of the

judge's discretion, at the conclusion of small claims (expedited) procedure, if

the hearing and after entertaining not previously accomplished under such oral arguments as deemed appro$ 1241.204, the Government shall send priate, render on the record oral sumthe Board a copy of the contract, the mary findings of fact, conclusions, and contracting officer's final decision, and a decision of the appeal. Whenever the appellant's claim letter or letters, such an oral decision is rendered, the if any; remaining documents required Board will subsequently furnish the under $ 1241.204 shall be submitted in

parties a typed copy of such oral deciaccordance with times specified in sion for record and payment purposes that rule unless the Board otherwise and to establish the starting date for directs;

the period for filing a motion for re(2) Within 15 days after the Board consideration under $ 1241.229. has acknowledged receipt of appel

(d) A decision against the Governlant's notice of election, the assigned

ment or the contractor shall have no administrative judge shall take the

value as precedent, and in the absence following actions, if feasible, in an in

of fraud shall be final and conclusive formal meeting or a telephone confer

and may not be appealed or set aside. ence with both parties: (i) Identify and simplify the issues;

8 1241.212-3 The accelerated procedure. (ii) Establish a simplified procedure appropriate to the particular appeal

(a) In cases proceeding under the acinvolved;

celerated procedure, the parties are (iii) Determine whether either party

encouraged, to the extent possible conwants a hearing, and if so, fix a time

sistent with adequate presentation of and place therefor;

their factual and legal positions, to (iv) Require the Government to fur waive pleadings, discovery, and briefs. nish all the additional documents rele The Board, in its discretion, may vant to the appeal, and

shorten time periods prescribed or al(v) Establish an expedited schedule lowed elsewhere in these rules, includfor resolution of the appeal."

ing $ 1241.204, as necessary to enable (b) Pleadings, discovery, and other the Board to decide the appeal within prehearing activity will be allowed 180 days after the Board has received only as consistent with the require the appellant's notice of election of ment to conduct the hearing on the the accelerated procedure, and may reserve 30 days for preparation of the ly designated be made a part of the decision.

record. The record will, at all reasona(b) Written decision by the Board in ble times, be available for inspection cases processed under the accelerated by the parties at the office of the procedure will normally be short and Board. contain only summary findings of fact (b) Except as the Board may otherand conclusions. Decisions will be ren wise order in its discretion, no proof dered for the Board by a single admin

shall be received in evidence after istrative judge with the concurrence of

completion of an oral hearing or, in the chair or a vice chair or other desig

cases submitted on the record, after nated administrative judge, or by a

notification by the Board that the majority among these two and an ad

case is ready for decision. ditional designated member in case of

(c) The weight to be attached to any disagreement. Alternatively, in cases

evidence of record will rest within the where the amount in dispute is $10,000 or less as to which the accelerated pro

sound discretion of the Board. The cedure has been elected and in which

Board may in any case require either there has been a hearing, the single

party, with appropriate notice to the administrative judge presiding at the

other party, to submit additional evihearing may, with the concurrence of

dence on any matter relevant to the both parties, at the conclusion of the

appeal. hearing and after entertaining such

§ 1241.214 Discovery-depositions. oral arguments as deemed appropriate, render on the record oral summary

(a) General policy and protective findings of fact, conclusions, and a de

orders. The parties are encouraged to cision of the appeal. Whenever such engage in voluntary discovery procean oral decision is rendered, the Board dures. In connection with any deposiwill subsequently furnish the parties a tion or other discovery procedure, the typed copy of such oral decision for Board may make any order required to record and payment purposes, and to protect a party or person from annoy. establish the starting date for the ance, embarrassment, or undue burden period for filing a motion for reconsid or expense. Those orders may include eration under $ 1241.229.

limitations on the scope, method, time

and place for discovery, and provisions 8 1241.212–4 Motions for reconsideration for protecting the secrecy of confidenin 8 1241.212 cases.

tial information or documents. Motions for reconsideration of cases (b) When depositions permitted. decided under either the small claims After an appeal has been docketed and (expedited) procedure or the acceler complaint filed, the parties may mutuated procedure need not be decided ally agree to, or the Board may, upon within the original 120-day or 180-day application of either party, order the limit, but all such motions shall be taking of testimony of any person by processed and decided rapidly so as to deposition upon oral examination or fulfill the intent of this rule.

written interrogatories before any offi

cer authorized to administer oaths at 8 1241.213 Settling the record.

the place of examination, for use as (a) The record upon which the evidence or for purpose of discovery. Board's decision will be rendered con

The application for order shall specify sists of the documents furnished whether the purpose of the deposition under $$ 1241.204 and 1241.212 to the is discovery or for use as evidence. extent admitted in evidence, and the (c) Orders on depositions. The time, following items, if any: pleadings, pre place, and manner of taking deposihearing conference memoranda or tions shall be as mutually agreed by orders, prehearing briefs, depositions the parties, or failing such agreement, or interrogatories received in evidence, governed by order of the Board. admissions, stipulations, transcripts of (d) Use as evidence. No testimony conferences and hearings, hearing ex- taken by depositions shall be considhibits, post-hearing briefs, and docu- ered as part of the evidence in the ments which the Board has specifical- hearing of an appeal until such testi

ve

mony is offered and received in evi- filed with the Board that a copy has dence at such hearing. It will not ordi- been so furnished. Subpoenas shall be narily be received in evidence if the served as provided in 1241.221. deponent is present and can testify at the hearing. In such instances, howev

HEARINGS er, the deposition may be used to contradict or impeach the testimony of 81241.217 Where and when held. the deponent given at the hearing. In Hearings will be held at such places cases submitted on the record, the determined by the Board to best se Board may, in its discretion, receive the interests of the parties and the depositions to supplement the record. Boad. Hearings will be scheduled at

(e) Expenses. Each party shall bear the discretion of the Board with due its own expenses associated with the

consideration to the regular order of taking of any deposition.

appeals, $ 1241.212 requirements, and (f) Subpoenas. Where appropriate, a

other pertinent factors. On request or party may request the issuance of a motion by either as

motion by either party and for good subpoena under the provisions of cause, the Board may, in its discretion, $ 1241.221.

adjust the date of a hearing. 8 1241.215 Interrogatories to parties, ad

8 1241.218 Notice of hearings. mission of facts, and production and inspection of documents.

The parties shall be given at least 15

days notice of the time and place set After an appeal has been docketed

for hearings. In scheduling hearings, and complaint filed with the Board, à

the Board will consider the desires of party may serve on the other party:

the parties and the requirement for (a) Written interrogatories to be an

just and inexpensive determination of swered separately in writing, signed

appeals without unnecessary delay. under oath and answered or objected

Notices of hearings shall be promptly to within 30 days after service; (b) a request for the admission of specified

acknowledged by the parties. facts and/or the authenticity of any

8 1241.219 Unexcused absence of a party. documents, to be answered or objected to within 30 days after service; the fac

The unexcused absence of a party at tual statements and the authenticity the time and place set for hearing will of the documents to be deemed admit not be occasion for delay. In the event ted upon failure of a party to respond of such absence, the hearing will proto the request; and (c) a request for ceed and the case will be regarded as the production, inspection and copy.

submitted by the absent party as proing of any documents or objects not vided in § 1241.211, privileged, which reasonably may lead to the discovery of admissible evi.

8 1241.220 Hearings: nature, examination dence, to be answered or objected to

of witnesses. within 30 days after serivce. Any dis. (a) Nature of hearings. Hearings covery engaged in under this rule shall shall be as informal as may be reasonbe subject to the provisions of able and appropriate under the cir$ 1241.214 with respect to general cumstances. Appellant and the Govpolicy and protective orders, and of ernment may offer such evidence as § 1241.233 with respect to sanctions. they deem appropriate and as would

be admissible under the Federal Rules 8 1241.216 Service of papers other than of Evidence or in the sound discretion subpoenas.

of the presiding administrative judge. Papers shall be served personally or Stipulations of fact agreed upon by by mail, addressed to the party upon the parties may be regarded and used whom service is to be made. Copies of as evidence at the hearing. The parties complaints, answers and briefs shall be may stipulate the testimony that filed directly with the Board. The would be given by a witness if the witparty filing any other paper with the ness were present. The Board may reBoard shall send a copy thereof to the quire evidence in addition to that of. opposing party, noting on the paper fered by the parties.

« PreviousContinue »