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Subpart 6–60.3—Appeal Procedure

$ 6–60.303—2 Appeal file.

Within 30 days after receipt of the notice of appeal, the contracting officer

shall supply to the Board an appeal file § 6-60.301 Filing of notice of appeal. containing original documents or true A contractor electing to appeal from

copies thereof pertinent to the appeal. a written decision of a contracting officer

The appeal file shall include, but need not shall file a written notice of appeal as

be limited to the following:

(a) The decision from which the approvided in the contract and within the

peal is taken including any related findtime specified therein.

ings of fact. $ 6–60.302 Form of appeal.

(b) The contract, invitation for bids, (a) The notice of appeal must be in

pertinent plans, specifications, amendwriting, must identify the decision ap

ments and change orders. pealed from and must specially state that

(c) All correspondence between the the contractor appeals from that deci

parties relating to the dispute. sion. The following information should

(d) Transcripts of any testimony taken be included in the notice of appeal:

in connection with the dispute, in addi(1) The date and number of the con

tion to any affidavits or statements of tract.

any witnesses that were considered by (2) The decision (and the date of re

the contracting officer in reaching his

decision. ceipt of the decision) from which the

(e) Any additional data that may be appeal is taken. (3) The specific findings of the deci

considered pertinent. sion from which appeal is taken and the $ 6-60.304 Docketing. reason why exception is taken to those

A notice of appeal, when received by findings.

the Permanent Secretary to the Board, (4) The relief sought by the appellant.

will be docketed and assigned a case (b) The notice of appeal should be

number and the parties will be notified. dated and signed by the contractor, or

Notification to the parties will include a if the contractor is a corporation, by a duly authorized officer of that corpora

copy of the appeal regulations. tion, and mailed by registered or certi- § 6-60.305 Notice to appellant. fied mail to, or otherwise filed with, the $ 6–60.305-1 Notice of appeal file. contracting officer within 30 days from

The Board shall notify the parties of the date of receipt of the contracting officer's decision.

the existence of an appeal file and shall

advise them of their right to inspect the $ 6–60.303 Duties of the contracting of. file. The appeal file and all pertinent ficer.

documents, records and evidentiary mat$ 6–60.303–1 Transmittal of notice of

ter that are to be considered by the appeal.

Board in making its decision shall be

available for inspection by the appellant When a notice of appeal has been re

in the Office of the Permanent Secretary ceived by the contracting officer, he shall of the Board. However, only persons endorse thereon the date of mailing by

having an appropriate security clearance the contractor or, if otherwise filed, the

may have access to any classified madate of receipt by the contracting officer,

terial. and shall immediately forward the notice of appeal, along with the mailing enve

$ 6–60.305—2 Appellants option. lope if received by mail, to the Permanent The appellant shall also be notified at Secretary of the Board for docketing. this same time of his option to have his

appeal considered on the basis of the documentary record alone or on the basis of both the documentary record and an oral hearing. 6–60.306 Appellants election of pro

cedure. (a) Within 30 days after receipt of the notice to appellant, appellant shall indicate to the Board in writing whether he chooses:

(1) Consideration of his appeal on the basis of the documentary record without an oral hearing, or;

(2) Consideration on the basis of an oral hearing before the Board.

(b) If the appellant fails to advise of his selection of procedure within 30 days after receipt of the “notice to appellant," the Board will consider the appeal on the basis of the documentary record. § 6-60.307 Prehearing conferences.

The Board, upon the request of either party, or at its own discretion, may arrange for the holding of a pre-hearing conference by a designated member or members at a time and place specified by the Board to consider the following:

(a) Simplification of the issues;

(b) Possibility of obtaining stipulations, admissions of fact, and agreement respecting the introduction of documents;

(C) Limitation of the number of witnesses;

(d) Such other matters as may facilitate disposition of the appeal. $ 6–60.308 Settlements.

A dispute may be settled at any time before the decision of the Appeals Board by the Contractor filing a written notice withdrawing his appeal or by written stipulation between the contractor and the contracting officer settling the dispute. 8 6–60.309 Submission of information

at Board's request. The Board may at any stage of an appeal proceeding, request either party to furnish any information the Board deems necessary or desirable in connection with its consideration of the appeal. Submission thereof shall be made within a time limit to be specified by the Board. Failure of the contractor to comply may result in dismissal of the appeal.

Subpart 6–60.4—Procedure for Sub

mission on the Documentary Record $ 6–60.400 Procedure for submission on

the documentary record. If the appellant does not request a hearing before the Board the appeal shall be considered on the documentary record alone. The appellant may submit to the Board any additional relevant data, documents, briefs or other material for the record within 30 days after the date he receives the “notice to appellant,” or within such additional time as may be permitted by the Board. The contracting officer whose decision is appealed shall submit any answering material within 30 days after receipt by the Board of the material subn ted by the appellant. Further submission of additional material by either party, and extension of time to submit are permitted at the discretion of the Board.

Subpart 6–60.5—Procedure for Ad

but not limited to a lack of relevance or ministrative Hearing


§ 6-60.505-3 Examination of witnesses. $ 6–60.501 Notice of hearings.

Witnesses will not be requested to tesIf appellant requests a hearing the tify under oath. However, if circumBoard will set the time and place for the stances so warrant, the presiding officer hearing and notify the parties not later may warn the witness that his testimony than 15 days before the date of the may be subject to the provisions of Title hearing. Hearings will normally be held 18 U.S.C. secs. 287 and 1001, and any at the Department of State in Washing- other provisions of law imposing penalton, D.C., unless the Board determines ties for knowingly making false repreotherwise.

sentation in connection with claims

against the United States or in any § 6–60.502 Presiding officer.

matter within the jurisdiction of any The chairman of the Board shall pre- Department or agency thereof. side at hearings and shall set the order

$ 6-60.506 Motions. for the calling of witnesses and the introductior, of evidence.

(a) Motions preliminary or subsequent

to the hearing shall be submitted to the $ 6–60.503 Representation.

board in writing. A copy of the motion Any person or organization, either a must be sent to all parties to a dispute party or a witness to the proceeding, by the Permanent Secretary to the Board. shall be accorded the right to be accom- (b) The Board shall consider and rule panied, represented, and/or advised by on any motions for extension of time to counsel if he so chooses.

file; to dismiss for lack of jurisdiction; $ 6–60.504 Absence of parties.

to request a prehearing conference; to The unexcused absence of a party or

reconsider a decision; or any other mo

tions which the Board deems relevant his authorized representative at the time

to the appeal. A party receiving notice or place set for the hearing will not be an

of a motion has 20 days after the date occasion for delay of the hearing. In

he receives the notice to file any answersuch an event the hearing may proceed and the case will be regarded as sub

ing material with the Board. The

Board may, in its discretion, permit oral mitted on the record by the absent party.

hearings or argument and the presenta$ 6–60.505 Content of hearings.

tion of briefs concerning motions. $ 6–60.505–1 Nature of hearings.

§ 6-60.507 Post hearing information. Hearings will be as informal as rea

Any party may submit, or at the disonably appropriate and are intended to

rection of the Board shall submit, addiprovide the Board with the pertinent

tional argument or evidence subsequent facts and the positions of the parties as

to a hearing within 20 days after the a basis for the Board's decision.

hearing. Each party will be afforded

opportunity for rebuttal within 20 days $ 6–60.505–2 Evidence.

after receiving a copy of the additional The Board shall receive evidence and argument or evidence submitted by the argument presented by or for the parties other party. Each party will furnish the involved. The parties may offer evidence Board with his post-hearing submission or argument without regard to the formal and the Board will supply the other party rules of evidence. The Board member or with a copy thereof. The failure of a members may question a witness after party to submit additional arguments or direct presentation to develop any facts evidence at the request of the Board shall considered relevant. The Board may re- not prevent another party from doing fuse to receive any evidence or argument so nor shall it prevent the Board from on such grounds as it sees fit including rendering its decision.

Subpart 6-60.6—General

86-60.601 Decisions.

Decisions of the Board and the reasons therefor shall be made in writing. Copies of decisions shall be submitted by registered or certified mail to the parties. Board decisions shall be available for Inspection by interested persons. § 6–60.602 Motions for reconsideration.

Motions for reconsideration must be filed with the Board within 30 days of the receipt of the Boards decision and must be based upon new information or argument not presented before the decision. Reconsideration of the decision, which may include a hearing or rehearing, may be granted if, in the judgment of the Board there is sufficient reason. § 6-60.603 Transcripts of hearings.

The Board shall make provision for a verbatim transcript of all oral hearings, copies of which can be obtained by appellant upon paying the cost thereof. 86-60.604 Releases.

Any release or other contractual instruments entered into as & result of a decision by the Board shall include a provision to the effect that the instrument is not binding if the decision of the Board is later found to be in violation of the standards set forth in 41 U.S.C. 321.

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