Subpart 6-60.3-Appeal Procedure § 6-60.301 Filing of notice of appeal. A contractor electing to appeal from a written decision of a contracting officer shall file a written notice of appeal as provided in the contract and within the time specified therein. § 6-60.302 Form of appeal. (a) The notice of appeal must be in writing, must identify the decision appealed from and must specially state that the contractor appeals from that decision. The following information should be included in the notice of appeal: (1) The date and number of the contract. (2) The decision (and the date of receipt of the decision) from which the appeal is taken. (3) The specific findings of the decision from which appeal is taken and the reason why exception is taken to those findings. (4) The relief sought by the appellant. (b) The notice of appeal should be dated and signed by the contractor, or if the contractor is a corporation, by a duly authorized officer of that corporation, and mailed by registered or certified mail to, or otherwise filed with, the contracting officer within 30 days from the date of receipt of the contracting officer's decision. Within 30 days after receipt of the notice of appeal, the contracting officer shall supply to the Board an appeal file containing original documents or true copies thereof pertinent to the appeal. The appeal file shall include, but need not be limited to the following: (a) The decision from which the appeal is taken including any related findings of fact. (b) The contract, invitation for bids, pertinent plans, specifications, amendments and change orders. (c) All correspondence between the parties relating to the dispute. (d) Transcripts of any testimony taken in connection with the dispute, in addition to any affidavits or statements of any witnesses that were considered by the contracting officer in reaching his decision. (e) Any additional data that may be considered pertinent. § 6-60.305-1 Notice to appellant. Notice of appeal file. The Board shall notify the parties of the existence of an appeal file and shall advise them of their right to inspect the file. The appeal file and all pertinent documents, records and evidentiary matter that are to be considered by the Board in making its decision shall be available for inspection by the appellant in the Office of the Permanent Secretary of the Board. However, only persons having an appropriate security clearance may have access to any classified material. § 6-60.305-2 Appellants option. The appellant shall also be notified at 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 procedure. (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. Subpart 6-60.4-Procedure for Submission 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 submitted 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. Any person or organization, either a party or a witness to the proceeding, shall be accorded the right to be accompanied, represented, and/or advised by counsel if he so chooses. § 6-60.504 Absence of parties. The unexcused absence of a party or his authorized representative at the time or place set for the hearing will not be an occasion for delay of the hearing. In such an event the hearing may proceed and the case will be regarded as submitted on the record by the absent party. § 6-60.505 Content of hearings. § 6-60.505-1 Nature of hearings. Hearings will be as informal as reasonably appropriate and are intended to provide the Board with the pertinent facts and the positions of the parties as a basis for the Board's decision. but not limited to a lack of relevance or materiality. § 6-60.505-3 Examination of witnesses. Witnesses will not be requested to testify under oath. However, if circumstances so warrant, the presiding officer may warn the witness that his testimony may be subject to the provisions of Title 18 U.S.C. secs. 287 and 1001, and any other provisions of law imposing penalties for knowingly making false representation in connection with claims against the United States or in any matter within the jurisdiction of any Department or agency thereof. § 6-60.506 Motions. (a) Motions preliminary or subsequent to the hearing shall be submitted to the board in writing. A copy of the motion must be sent to all parties to a dispute by the Permanent Secretary to the Board. (b) The Board shall consider and rule on any motions for extension of time to file; to dismiss for lack of jurisdiction; to request a prehearing conference; to reconsider a decision; or any other motions which the Board deems relevant to the appeal. A party receiving notice of a motion has 20 days after the date he receives the notice to file any answering material with the Board. The Board may, in its discretion, permit oral hearings or argument and the presentation of briefs concerning motions. § 6-60.507 Post hearing information. Any party may submit, or at the direction of the Board shall submit, additional argument or evidence subsequent to a hearing within 20 days after the hearing. Each party will be afforded opportunity for rebuttal within 20 days after receiving a copy of the additional argument or evidence submitted by the other party. Each party will furnish the Board with his post-hearing submission and the Board will supply the other party with a copy thereof. The failure of a party to submit additional arguments or evidence at the request of the Board shall not prevent another party from doing so nor shall it prevent the Board from rendering its decision. 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. § 6-60.604 Releases. Any release or other contractual instruments entered into as a 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. |