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RULES OF PROCEDURE
OF THE CIVILIAN BOARD OF CONTRACT
APPEALS
CONTRACT APPEALS CASES
Part I -- Standard Proceedings
Rule 1: Scope of rules; definitions; construction; rulings, orders, and
directions; panels; location and
address
(a)
Scope
(b)
Definitions
(c)
Construction
(d)
Rulings,
orders, and directions
(e)
Panels
(f)
Location
and address
Rule 2: Filing cases; time limits for filing; notice of docketing;
consolidation
(a) Filing
cases
(b) Time
limits for filing
(c) Notice
of docketing
(d) Consolidation
Rule 3: Time: enlargement; computation
(a) Time
for performing required actions
(b) Enlarging
time
(c) Computing
time
Rule 4: Appeal file
(a) Submission
to the Board by the respondent
(b) Organization
of the appeal file
(c) Service
(d) Submission
to the Board by the appellant
(e) Submissions
on order of the Board
(f) Lengthy
or bulky materials
(g) Use
of appeal file as evidence
(h) When
appeal file not required
Rule 5: Appearances; notice of appearance
(a) Appearances
before the Board
(b) Notice
of appearance
(c) Withdrawal
of appearance
Rule 6: Pleadings and amendment of pleadings
(a) Pleadings
required and permitted
(b) Complaint
(c) Answer
(d) Small
claims and accelerated procedures
(e) Amendment
of pleadings
(f) Amendments
to conform to the evidence
Rule 7: Service of papers other than subpoenas
(a) On
whom and when service must be made
(b) Proof
of service
(c) Failure
to make service
Rule 8: Motions
(a) How
motions are made
(b) When
motions may be made
(c) Dispositive
motions
(d) Other
motions
(e) Jurisdictional
questions
(f) Procedure
(g) Motions
for summary relief
(h) Effect
of a pending motion
Rule 9: Record of Board proceedings; review and copying
(a) Composition
of the record for decision
(b) Enlargement
of the record
(c) Protected
and in camera submissions
(d) Review
and copying
Rule 10: Admissibility and weight of evidence
(a) Admissibility
(b) Weight
and credibility
Rule 11: Conferences; conference memorandum
(a) Conferences
(b) Conference
memorandum
Rule 12: Suspensions and dismissals
(a) Suspension
of proceedings to obtain contracting officer=s decision
(b) Suspension
for other cause
(c) Dismissal,
generally
(d) Dismissal
without prejudice
(e) Issuance
of order
Rule 13: General provisions governing discovery
(a) Discovery
methods
(b) Scope
of discovery
(c) Discovery
limits
(d) Conduct
of discovery
(e) Discovery
conference
(f) Discovery
objections
(g) Failure
to make or cooperate in discovery
(h) Subpoenas
Rule 14: Interrogatories to parties; requests for admission; requests for
production
(a) Written
interrogatories
(b) Option
to produce business records
(c) Written
requests for admission
(d) Written
requests for production
(e) Change
in time for response
(f) Responses
Rule 15: Depositions
(a) When
depositions may be taken
(b) Depositions: time; place; manner of taking
(c) Use
of depositions
(d) Depositions
pending appeal from a decision of the Board
Rule 16: Subpoenas
(a) Voluntary
cooperation in lieu of subpoena
(b) General
(c) Request
for subpoena
(d) Form;
issuance
(e) Service
(f) Proof
of service
(g) Motion
to quash or to modify
(h) Contumacy
or refusal to obey a subpoena
Rule 17: Exhibits
(a) Marking
of exhibits
(b) Copies
as exhibits
(c) Withdrawal
of exhibits and other items
(d) Disposition
of physical exhibits
Rule 18: Election of hearing or record submission
Rule 19: Submission on the record without a hearing
(a) Submission
on the record
(b) Time
for submission
(c) Objections
to evidence
Rule 20: Hearings: scheduling; notice; unexcused absences
(a) Scheduling
of hearings
(b) Notice
of hearing
(c) Unexcused
absence from hearing
Rule 21: Hearing procedures
(a) Nature
and conduct of hearings
(b) Continuances;
change of location
(c) Availability
of witnesses, documents, and other tangible things
(d) Enlargement
of the record
(e) Examination
of witnesses
(f) Refusal
to be sworn
(g) Refusal
to answer
(h) Issues
not raised by pleadings
(i) Delay by parties
Rule 22: Transcripts of proceedings; corrections
(a) Transcripts
(b) Corrections
Rule 23: Briefs and memoranda of law
(a) Form
and content of briefs and memoranda of law
(b) Submission
of posthearing briefs
Rule 24: Closing the record
(a) Closing
of the record
(b) Notice
that the case is ready for decision
Rule 25: Decisions; settlements
(a) Decisions
(b) Settlements
Rule 26: Reconsideration; amendment of decisions; new hearings
(a) Grounds
(b) Procedure
(c) Time
for filing
(d) Effect
of motion
Rule 27: Relief from decision or order
(a) Grounds
(b) Procedure
(c) Time
for filing
(d) Effect
of motion
Rule 28: Full Board consideration
(a) Requests
by parties
(b) Initiation
by Board
(c) Decisions
(d) Effect
of motion
Rule 29: Clerical mistakes; harmless error
(a) Clerical
mistakes
(b) Harmless
error
Rule 30: Award of fees and other expenses
(a) Applications
for fees and other expenses
(b) Time
for filing
(c) Application
requirements
(d) Proceedings
(e) Decision
Rule 31: Payment of Board awards
(a) Generally
(b) Conditions
for payment
(c) Procedure
Rule 32: Appeal from a Board decision
(a) Record
on review
(b) Notice
(c) Filing
of certified list of record materials
(d) Request
by attorney of record to review record
Rule 33: Ex parte contact; sanctions and other proceedings
(a) Standards
(b) Ex
parte communications
(c) Sanctions
(d) Denial
of access to protected material for prior violations of protective orders
(e) Disciplinary
proceedings
Rule 34: Seal of the Board
Part II -- Expedited Proceedings
Rule 51: Variation from standard proceedings
Rule 52: Small claims procedure
(a) Election
(b) Decision
(c) Procedure
(d) Time
of decision
Rule 53: Accelerated procedure
(a) Election
(b) Decision
(c) Procedure
(d) Time
of decision
Rule 54: Alternate dispute resolution
(a) Availability
of alternative dispute resolution (ADR) procedures at the Board
(b) Conduct
of ADR
(c) Types
of ADR
Appendix to Part I C Form Nos. 1-5
Form 1 C GSA Form
2465, Notice of Appeal
