ment's position on each claim asserted by the contractor. A supporting brief may also be filed.

b. Documentary evidence in support of the Government's position may be filed as exhibits to the answer. All documents filed as exhibits to the answer shall be plainly listed and identified in the answer. An original and two copies of the answer and exhibits shall be filed with the Board. Upon receipt thereof the Board shall forward a copy of the answer to the contractor or his attorney and a copy to the contracting officer.

8. Reply. The contractor may file a reply within 15 days after receipt of the answer of counsel for the Government.

9. Appeal File-Inspection of File. The appeal file shall consist of the notice of appeal, documents required to be filed pursuant to paragraph 5, the petition and exhibits thereto, the answer and exhibits attached thereto, all papers filed by the parties with the Board pursuant to instructions contained herein, and all correspondence exchanged between the Board and the parties or their attorneys. The appeal file shall be available for inspection by the appellant and Government counsel at the offices of the Board or the office of the contracting officer.

10. Amendments to Petition and Answer. At any time before oral hearing er before submission of a case by the parties without an oral hearing, the Board at its discretion may permit a party, within the proper scope of the appeal, to amend its petition or answer, upon conditions just to both parties. The Board, at its discretion or upon application by a party, may order a party to make a more definite statement of its petition or answer, or to reply to an answer. When issues within the proper scope of the appeal but not raised by the petition and answer are tried by express or implied consent of the parties, they shall be treated in all respects as if they had been raised therein. If evidence is objected to at the hearing on the ground that it is not within the issues made by the petition and answer, the Board may allow the pleadings to be amended within the proper scope of the appeal and shall do so freely when the presentation of the merits of the action will be served thereby and the objecting party fails to satisfy the Board that the admission of such evidence would prejudice him in maintaining his case or defense upon the merits. The Board may however, grant a continuance to enable the objecting party to meet such evidence.

11. Trial Briefs. The Board at its discretion may order the submission of trial briefs prior to oral hearing.

12. Motions to Dismiss for Lack of Jurisdiction. Defenses which go to the jurisdiction of the Board shall be raised by motion. However, the Board shall be deemed to have jurisdiction over any appeal, if timely filed, arising from the findings of fact and final decision of a NASA contracting officer or his authorized representative pursuant to the

"Disputes" clause of a NASA contract. Filing of motions to dismiss for lack of jurisdiction shall not be unreasonably delayed. Motions to dismiss for lack of jurisdiction shall, upon application of either party, be heard and determined before oral hearings on the merits. The Board, however, has the right at any time to recognize its lack of jurisdiction to proceed in a particular case.

13. Failure to State a Case. If, after completion of the pleadings, the Board finds that the appellant has failed to state a case on which any relief could be granted by the Board, the Board may give notice to the appellant to show cause why the appeal should not be dismissed on the ground that no useful person would be served by setting the case for oral hearing on the merits. The appellant, in such event, will be afforded an opportunity to be heard orally for the purpose of showing cause why the appeal should not be dismissed on that ground and, if the appellant so desires, to move to amend the petition within the proper scope of the appeal. If the Board thereafter finds that the appellant has failed to show cause, and finds that the petition, with such amendments as may be offered by the appellant, fails to state a case on which the Board could grant relief, the appeal shall be dismissed.

14. Depositions and Discovery. a. Deposisitions:

(1) When Depositions May Be Taken. After an appeal has been filed with the Board, either party, upon notice, may take the testimony of any person by deposition upon oral examination or written interrogatories for the purpose of discovery or for use as evidence or for both purposes.

(2) Scope for Examination; Cross-Examination. The deponent may be examined regarding any matter, not privileged, which is relevant and provided only that the testimony sought appears reasonably calculated to provide admissible evidence. The deponent may be cross-examined with respect to the subject matter of the deposition.

(3) Before Whom Taken. Depositions shall be taken before an officer authorized to administer oaths at the place of examination.

(4) Notice. Except as otherwise agreed to by the parties, the party taking the deposition shall give the opposing party at least a 15-day written notice of the time and place where the deposition is proposed to be taken, the name and address of the witness, if known, and if the name is not known, a general description sufficient to identify him for the particular class or group to which he belongs.

(5) Deposition Upon Written Interrogatories. If the deposition is to be upon written interrogatories, the notice shall be accompanied with a copy of the interrogatories; and within 10 days after receipt of the notice, the party served may serve cross-interrogatories to be propounded to the witness by forwarding them to the party proposing to take the deposition.

(6) Form and Return of Deposition. Each deposition should show the docket number and caption of the proceedings, the place and date of taking, the name of the witness, and the names of all persons present. The person before whom the deposition is taken shall certify thereon that the witness was duly sworn by him and that the deposition is a true record of the testimony given by the witness, and he shall enclose the original deposition and exhibits in a sealed prepaid package and forward same to the Board. The Board shall give notice of its filing to the parties.

(7) Use of Deposition. No testimony taken by deposition shall be considered as part of the evidence in the hearing of an appeal unless such testimony is offered and received in evidence at the hearing. Depositions may be used for any purpose, except that depositions will not ordinarily be received in evidence in lieu of testimony if the deponent is present and can testify personally at the hearing, or if the party seeking its admission failed to make reasonable efforts to secure the presence of the deponent at the hearing. If the appeal is to be submitted without a hearing, all depositions shall be deemed to be a part of the record before the Board, except that either party may move to strike all or any portion thereof.

(8) Expenses. The party taking the deposition shall pay his expenses and those of his witness and the cost of the original record. Copies of the deposition will be made available to either party by the officer before whom the deposition is taken upon the payment of a reasonable fee.

b. 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 15 days. Upon timely objection by the party on whom the interrogatories are served, the Board will determine the extent to which the interrogatories will be permitted. The scope and use of interrogatories will be determined by subparagraph a(2) and (7).

c. Discovery and Production of Documents and Tangible Things for Inspection, Copying, or Photographing. 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, papers, books, accounts, letters, photographs, objects or tangible things, not privileged, 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.

d. Admission of Facts and of Genuineness of Documents. A party may make a written request for admission by the other party of the genuineness of documents or of the truth of facts. Each of the matters for which an admission is requested shall be deemed

admitted unless specifically denied or objected to within 20 days after receipt of the request, or as otherwise directed by the Board. Copies of any such request and the response thereto shall be furnished to the Board.

e. Orders for the Protection of Parties and Deponents. After discovery proceedings have been initiated pursuant to this paragraph, upon motion seasonably made by a party or by the person to be examined and upon notice and for good cause shown, the Board may make any order which justice requires to protect the party or witness.

f. Refusal to Make Discovery. The Board, on its own motion or upon the motion of a party, may enter such orders as are just under the circumstances to ensure compliance with this section. Such orders may include, but are not limited to:

(1) An order that the matters regarding which the questions were asked, or the character or description of the thing or land, or the contents of the paper, or the physical or mental condition of the party, or any other designated facts shall be taken to be established for the purposes of the action in accordance with the claim of the party obtaining the order;

(2) An order refusing to allow the disobedient party to support or oppose designated claims or defenses, or prohibiting him from introducing in evidence designated documents or things or items of testimony, or from introducing evidence of physical or mental condition;

(3) An order striking out pleadings or parts thereof, or staying further proceedings until the order is obeyed, or dismissing the action or proceeding or any part thereof.

15. Stipulations. The parties may stipulate in writing to any facts that are relevant and material to the issues involved, and to those documents or facts which may be received in evidence without formal proof.

16. Prehearing Conference. a. The Board, upon its own initiative or upon application cf one of the parties, may direct the parties or their attorneys to appear before the Board or a member designated by the Chairman at a specified time and place for a conference to consider:

(1) Simplification of the issues;

(2) The possibility of obtaining stipulations as to admissions of fact and introduction of documents which will avoid unnecessary proof;

(3) The limitation of the number of expert witnesses, if a hearing is to be held; and

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

b. The results of the conference shall be reduced to writing by the Board or the member designated by the Chairman and made part of the record.

17. Settlement. A dispute may be settled at any time by the contractor's filling written notice withdrawing his appeal or by written stipulation between the contractor and the Government counsel filed with the Board

ment's position on each claim asserted by the contractor. A supporting brief may also be filed.

b. Documentary evidence in support of the Government's position may be filed as exhibits to the answer. All documents filed as exhibits to the answer shall be plainly listed and identified in the answer. An original and two copies of the answer and exhibits shall be filed with the Board. Upon receipt thereof the Board shall forward a copy of the answer to the contractor or his attorney and a copy to the contracting officer.

8. Reply. The contractor may file a reply within 15 days after receipt of the answer of counsel for the Government.

9. Appeal File-Inspection of File. The appeal file shall consist of the notice of appeal, documents required to be filed pursuant to paragraph 5, the petition and exhibits thereto, the answer and exhibits attached thereto, all papers filed by the parties with the Board pursuant to instructions contained herein, and all correspondence exchanged between the Board and the parties or their attorneys. The appeal file shall be available for inspection by the appellant and Government counsel at the offices of the Board or the office of the contracting officer.

10. Amendments to Petition and Answer. At any time before oral hearing er before submission of a case by the parties without an oral hearing, the Board at its discretion may permit a party, within the proper scope of the appeal, to amend its petition or answer, upon conditions just to both parties. The Board, at its discretion or upon application by a party, may order a party to make a more definite statement of its petition or answer, or to reply to an answer. When issues within the proper scope of the appeal but not raised by the petition and answer are tried by express or implied consent of the parties, they shall be treated in all respects as if they had been raised therein. If evidence is objected to at the hearing on the ground that it is not within the issues made by the petition and answer, the Board may allow the pleadings to be amended within the proper scope of the appeal and shall do so freely when the presentation of the merits of the action will be served thereby and the objecting party fails to satisfy the Board that the admission of such evidence would prejudice him in maintaining his case or defense upon the merits. The Board may however, grant a continuance to enable the objecting party to meet such evidence.

11. Trial Briefs. The Board at its discretion may order the submission of trial briefs prior to oral hearing.

12. Motions to Dismiss for Lack of Jurisdiction. Defenses which go to the jurisdiction of the Board shall be raised by motion. However, the Board shall be deemed to have jurisdiction over any appeal, if timely filed, arising from the findings of fact and final decision of a NASA contracting officer or his authorized representative pursuant to the

"Disputes" clause of a NASA contract. Filing of motions to dismiss for lack of jurisdiction shall not be unreasonably delayed. Motions to dismiss for lack of jurisdiction shall, upon application of either party, be heard and determined before oral hearings on the merits. The Board, however, has the right at any time to recognize its lack of jurisdiction to proceed in a particular case.

13. Failure to State a Case. If, after completion of the pleadings, the Board finds that the appellant has failed to state a case on which any relief could be granted by the Board, the Board may give notice to the appellant to show cause why the appeal should not be dismissed on the ground that no useful person would be served by setting the case for oral hearing on the merits. The appellant, in such event, will be afforded an opportunity to be heard orally for the purpose of showing cause why the appeal should not be dismissed on that ground and, if the appellant so desires, to move to amend the petition within the proper scope of the appeal. If the Board thereafter finds that the appellant has failed to show cause, and finds that the petition, with such amendments as may be offered by the appellant, fails to state a case on which the Board could grant relief, the appeal shall be dismissed.

14. Depositions and Discovery. a. Deposisitions:

(1) When Depositions May Be Taken. After an appeal has been filed with the Board, either party, upon notice, may take the testimony of any person by deposition upon oral examination or written interrogatories for the purpose of discovery or for use as evidence or for both purposes.

(2) Scope for Examination; Cross-Examination. The deponent may be examined regarding any matter, not privileged, which is relevant and provided only that the testimony sought appears reasonably calculated to provide admissible evidence. The deponent may be cross-examined with respect to the subject matter of the deposition.

(3) Before Whom Taken. Depositions shall be taken before an officer authorized to administer oaths at the place of examination.

(4) Notice. Except as otherwise agreed to by the parties, the party taking the deposition shall give the opposing party at least a 15-day written notice of the time and place where the deposition is proposed to be taken, the name and address of the witness, if known, and if the name is not known, a general description sufficient to identify him for the particular class or group to which he belongs.

(5) Deposition Upon Written Interrogatories. If the deposition is to be upon written interrogatories, the notice shall be accompanied with a copy of the interrogatories; and within 10 days after receipt of the notice, the party served may serve cross-interrogatories to be propounded to the witness by forwarding them to the party proposing to take the deposition.

(6) Form and Return of Deposition. Each deposition should show the docket number and caption of the proceedings, the place and date of taking, the name of the witness, and the names of all persons present. The person before whom the deposition is taken shall certify thereon that the witness was duly sworn by him and that the deposition is a true record of the testimony given by the witness, and he shall enclose the original deposition and exhibits in a sealed prepaid package and forward same to the Board. The Board shall give notice of its filing to the parties.

(7) Use of Deposition. No testimony taken by deposition shall be considered as part of the evidence in the hearing of an appeal unless such testimony is offered and received in evidence at the hearing. Depositions may be used for any purpose, except that depositions will not ordinarily be received in evidence in lieu of testimony if the deponent is present and can testify personally at the hearing, or if the party seeking its admission failed to make reasonable efforts to secure the presence of the deponent at the hearing. If the appeal is to be submitted without a hearing, all depositions shall be deemed to be a part of the record before the Board, except that either party may move to strike all or any portion thereof.

(8) Expenses. The party taking the deposition shall pay his expenses and those of his witness and the cost of the original record. Copies of the deposition will be made available to either party by the officer before whom the deposition is taken upon the payment of a reasonable fee.

b. 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 15 days. Upon timely objection by the party on whom the interrogatories are served, the Board will determine the extent to which the interrogatories will be permitted. The scope and use of interrogatories will be determined by subparagraph a (2) and (7).

c. Discovery and Production of Documents and Tangible Things for Inspection, Copying, or Photographing. 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, papers, books, accounts, letters, photographs, objects or tangible things, not privileged, 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.

d. Admission of Facts and of Genuineness of Documents. A party may make a written request for admission by the other party of the genuineness of documents or of the truth of facts. Each of the matters for which an admission is requested shall be deemed

admitted unless specifically denied or objected to within 20 days after receipt of the request, or as otherwise directed by the Board. Copies of any such request and the response thereto shall be furnished to the Board.

e. Orders for the Protection of Parties and Deponents. After discovery proceedings have been initiated pursuant to this paragraph, upon motion seasonably made by a party or by the person to be examined and upon notice and for good cause shown, the Board may make any order which justice requires to protect the party or witness.

f. Refusal to Make Discovery. The Board, on its own motion or upon the motion of a party, may enter such orders as are just under the circumstances to ensure compliance with this section. Such orders may include, but are not limited to:

(1) An order that the matters regarding which the questions were asked, or the character or description of the thing or land, or the contents of the paper, or the physical or mental condition of the party, or any other designated facts shall be taken to be established for the purposes of the action in accordance with the claim of the party obtaining the order;

(2) An order refusing to allow the disobedient party to support or oppose designated claims or defenses, or prohibiting him from introducing in evidence designated documents or things or items of testimony, or from introducing evidence of physical or mental condition;

(3) An order striking out pleadings or parts thereof, or staying further proceedings until the order is obeyed, or dismissing the action or proceeding or any part thereof.

15. Stipulations. The parties may stipulate in writing to any facts that are relevant and material to the issues involved, and to those documents or facts which may be received in evidence without formal proof.

16. Prehearing Conference. a. The Board, upon its own initiative or upon application cf one of the parties, may direct the parties or their attorneys to appear before the Board or a member designated by the Chairman at a specified time and place for a conference to consider:

(1) Simplification of the issues; (2) The possibility of obtaining stipulations as to admissions of fact and introduction of documents which will avoid unnecessary proof;

(3) The limitation of the number of expert witnesses, if a hearing is to be held; and

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

b. The results of the conference shall be reduced to writing by the Board or the member designated by the Chairman and made part of the record.

17. Settlement. A dispute may be settled at any time by the contractor's filing written notice withdrawing his appeal or by written stipulation between the contractor and the Government counsel filed with the Board settling either the entire dispute or any part thereof. If only part of the dispute is settled, the appeal shall continue as to any issues remaining in dispute.

18. Filing of Papers. The parties shall file with the Board an original and two copies of all papers, subsequent to the petition and answer. Upon receipt thereof, the Board shall forward a copy to the opposing party.

19. Hearing. a. The contractor may submit the case on the record or request a hearing. The Board shall, at the request of either party within 15 days after the answer is filed, grant a hearing. The parties shall be given at least a 15-day written notice of the time and place of hearing.

b. Hearings will be held at NASA Headquarters, Washington, D.C., unless otherwise ordered by the Board.

c. Hearings shall be as informal as may be reasonably allowable and appropriate under all the circumstances. Both parties may offer oral and written evidence, subject to the exclusion by the Chairman of any irrelevant, immaterial or repetitious evidence. The general procedure as to the introduction of evidence and the calling of witnesses shall be at the discretion of the Chairman.

d. Testimony shall be under oath or affirmation, unless the facts are stipulated or the Chairman shall otherwise order. Attention of witnesses shall be invited to the provisions of 18 U.S.C. 1621 relating to false testimony under oath. If the testimony of a witness is not given under oath the Board shall invite the attention of the witness to the provisions of 18 U.S.C. 287 and 1001; Section 19 of the Contract Settlement Act of 1944 (41 U.S.C. 119); and any other provisions of law imposing penalties for knowingly making false representations in connection with claims against the United States or in any matter within the jurisdiction of any department or agency thereof.

e. The Board shall make provision for a verbatim transcript of the hearing.

f. After a decision has become final, the Board may, upon request and after notice to the other party, permit the withdrawal of original exhibits, or any part thereof, by the party entitled thereto. The substitution of true copies of exhibits or any part thereof may be required by the Board at its discretion as a condition of granting permission for such withdrawal.

20. Optional Accelerated Procedure. Should an appeal involve $5,000 in amount or less, it may at the option of appellant be processed under this section. In the event of such election, the Board will undertake to issue a decision on the appeal on an expedited basis, without regard to its normal position on the docket. Under this accelerated procedure, the case will be further expedited if the parties elect to waive pleadings and/or elect to waive the hearing and submit on the record. In all other respects, these rules will apply.

21. Representation of the Contractor. An individual appellant may appear before the

Board in person; a corporation may be represented by an officer thereof; a partnership or joint venture by a member thereof; or an organization may be represented by an attorney-at-law duly licensed in any State, Commonwealth, or in the District of Columbia. In special cases, the Board may authorize contractors to be represented by persons other than those mentioned.

22. Decisions. Decisions of the Board shall be made in writing and shall reflect the opinion of a majority of the members deciding the appeal. Copies of the decision shall be forwarded simultaneously to both parties. All final orders and decisions (except those required for good cause to be held confidential) shall be available for public inspection at the offices of the Board of Contract Appeals, National Aeronautics and Space Administration, Washington, D.C. 20546.

23. Reconsideration. A request for reconsideration by the Board may be filed within 30 days after the date of the decision. Such request shall set forth specifically the ground or grounds relied upon to sustain the request.

24. Standards of conduct. No member of the Board shall consider an appeal if he has participated in the award or administration of the contract in question. There shall be no communication between a party or other person having an interest in the outcome of the appeal and a Board member or Board employee concerning the merits of the appeal, unless such communication is also formally served upon the other party (or parties) to the appeal, or is made in their pre