TABLE OF CONTENTS f. Form and return of deposition_ g. Introduction in evidence_-_ b. Relation to admissible evidence- Rule 11. Interrogatories to parties_--- Rule 12. Admission of facts and of genuineness of documents_. Rule 13. Prehearing conferences--- Rule 14. Hearings and nature thereof.. a. Hearings, when requested__. b. Conference in lieu of hearing- Rule 15. Examination of witnesses__ Rule 16. Submission without a hearing_ Rule 17. Supplementation of the record_ Rule 22. Withdrawal of exhibits and substitution of copies--. b. Designation of counsel for the Government--- Rule 25. Continuances pending reconsideration by the parties. Rule 26. Copies and service thereof___ ) Page RULES OF THE CONTRACT APPEALS BOARD, The Contract Appeals Board constituted and appointed by the House Office Building Commission, by letter dated August 20, 1963, as restated and modified by letter dated May 16, 1972, to hear, consider, and determine appeals arising out of contracts entered into under authority of Chapter XII-A of the Second Supplemental Appropriation Act, 1955, 69 Stat. 41, 42, hereby adopts and promulgates the following rules of procedure for the preparation, presentation, and conduct of such appeals, effective as of July 15, 1972. RULE 1 OFFICE The office of the Board shall be Room B-303, Rayburn House Office Building, Washington, D.C. 20515, or such other place as may from time to time hereafter be assigned for its use. All files and records of the Board shall be kept at such office. All communications, pleadings, and/or documents addressed to the Board may be addressed or delivered to the Board at that address, or may be addressed or delivered to the Clerk of the Board at that address. RULE 2 APPEALS-HOW TAKEN An appeal by the contractor from a decision of a contracting officer is to be made in accordance with the requirements of the Disputes article contained in the particular contract. RULE 3 DUTIES OF CONTRACTING OFFICER When a notice of appeal in any form has been received by the contracting officer, he shall endorse thereon the date of mailing or the date of receipt, if otherwise filed, and shall as promptly as feasible forward the notice of appeal, and the complaint if filed therewith, to the Board, together with copies of all documents pertinent to the appeal, including the following: (1) The findings of fact and the decision from which the appeal is taken, and the letter or letters or other documents of claim in response to which the decision was issued; (2) The contract and pertinent plans, specifications, amendments, and change orders; (3) Correspondence between the parties and other data pertinent to the appeal; (4) Transcripts of any testimony taken during the course of the proceedings on the matter in dispute prior to the filing of the notice of appeal with this Board; (5) Such additional information as the contracting officer may consider material. Upon the submission of this appeal file to the Board, the contracting officer shall provide the appellant with a listing of the contents of the appeal file. When the Board has received the original notice of appeal the Board will promptly so advise the contractor, or his counsel if such appeal is filed by counsel, and the contracting officer, and will forward to the contractor or counsel a copy of these rules. RULE 4 COMPLAINT Within 30 days after receipt of notice from the Board that the appeal has been received, or within such longer period of time as may be allowed by the Board, appellant will file with the Board, if not previously filed with the Notice of Appeal, a complaint setting forth simple, concise, and direct statements of each of his claims showing that he is entitled to relief, and identifying the contract provision or provisions under which relief is claimed. The complaint shall be limited to those requests for relief which have been presented to and denied by the contracting officer. No technical form is required, but each claim should be separately identified. Documentary evidence in support of claims may be filed as exhibits to the complaint. All documents filed as such exhibits shall be plainly listed and identified in the complaint. An original and three copies of the complaint shall be filed, and a copy of the complaint, together with any exhibits thereto, shall be served upon the contracting officer or counsel for the Government. In the event the complaint is not filed within the time stated above, the appeal may be dismissed by the Board for lack of prosecution. RULE 5 ANSWER Within 30 days after service of the complaint, or within such longer period of time as may be allowed by the Board, the contracting officer or counsel for the Government shall prepare and file with the Board an answer thereto. The answer shall set forth simple, concise, and direct statements of the Government's defenses to each claim asserted by appellant. Each defense shall be stated with as much particularity as is practicable. Defenses which go to the jurisdiction of the Board may be included in the answer, or may be raised by motion pursuant to the provisions of Rule 8. Additional documentary evidence in support of the Government's defenses 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 three copies of the answer shall be filed, and a copy of the answer and exhibit shall be served upon appellant or his attorney. 24-115 O 739 RULE 6 APPEAL FILE; INSPECTION OF FILE The notice of appeal, the complaint and exhibits attached thereto, the answer and exhibits attached thereto and the documents required to be filed therewith pursuant to Rules 3 and 4, all papers filed by the parties with the Board pursuant to these rules, and all correspondence exchanged between the Board and the parties or their attorneys shall constitute the appeal file, which shall be available for inspection at the offices of the Board. Prior arrangements for inspection of the file should be made with a member or the Clerk of the Board. RULE 7 AMENDMENT OF PLEADINGS At any time before oral hearing or before submission of a case by the parties without an oral hearing, the Board in its discretion may permit a party, within the proper scope of the appeal, to amend its complaint or answer, upon conditions just to both parties. The Board upon its own intiative or upon application by a party may in its discretion order a party to make a more definite statement of its complaint or answer, or to reply to an answer. When issues within the proper scope of the appeal but not raised by the complaint and answer are determined by express or implied consent of the parties, they shall be treated in all respects as if they had been raised therein. Such amendment of the complaint and answer as may be necessary to cause them to conform to the evidence may be made upon motion at any time, but failure so to amend does not affect the result of the hearing of these issues. If evidence is objected to at the hearing on the ground that it is not within the issues made by the complaint 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 hearing member or examiner 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. RULE 8 MOTIONS TO DISMISS Defenses which go to the jurisdiction of the Board may be raised by motion. Filing of motions to dismiss for lack of jurisdiction shall not be unreasonably delayed. The Board, however, may at any time decline to proceed with a case in which it lacks authority to decide the issues. Motions to dismiss for lack of jurisdiction shall, on application of either party, be heard and determined before oral hearing on the merits unless the Board orders that determination of the motion be deferred pending oral hearing on both the merits and the motion. |