A Primer on Government Contract Claims

of time as may be allowed by the Board. If both parties advise the Board that an oral hearing is not desired, briefs may be submitted by both parties within 30 days or such other period of time as may be allowed by the Board; and briefs may be supplemented by either party by way of memoranda or other relevant documents and materials. Unless advised to the contrary by the appellant within 15 days after, notification of docketing, the Board will proceed with the case as if submitted by appellant on the record.

RULE 17

SUPPLEMENTATION OF THE RECORD

At any time subsequent to the hearing and prior to decision of the appeal by the Board, a party may petition the Board to reopen the hearing for the purpose of receiving newly discovered evidence, or for such other reason as may appear to the Board to be sufficient and just.

RULE 18

HEARINGS, WHERE HELD

Hearings will be held at the office of the Board unless it is otherwise ordered by the Board. The Board will consider a request for a hearing at another location if compelling reasons are timely presented.

RULE 19

NOTICE OF HEARING

The appellant and the Government counsel will be given at least 15 days notice of the time and place of hearing, provided that the parties may with the approval of the Board waive notice and fix a mutually satisfactory time. Continuances will not be granted except upon written request and for good cause.

RULE 20

ABSENCE OF PARTIES OR COUNSEL

The unexcused absence of a party or his authorized representative at the time and place set for the hearing will not be the occasion for delay. In such event the hearing will proceed and the case will be regarded as submitted by the absent party unless he appears before conclusion of the hearing and offers additional evidence.

RULE 21

BRIEFS

All briefs shall be filed within 30 days after receipt of the transcript of the hearing, or within such other period of time as may be allowed by the Board.

RULE 22

WITHDRAWAL OF EXHIBITS AND SUBSTITUTION
OF COPIES

When original books, records, papers, or documents have been received in evidence, the Board may, upon request and after notice to the other party, in its discretion permit the withdrawal of original exhibits, or any part thereof, by the party entitled thereto, upon the substitution of true copies thereof.

RULE 23

FINDINGS AND DECISIONS OF THE BOARD

All proceedings shall be concluded and appeals disposed of as expeditiously as possible, commensurate with sound adjudicatory procedure. The findings and decision in each case shall be made by the members of the panel who heard that case, and the findings and decision of the majority thereof shall constitute the findings and decision of the Board.

Appeals submitted without hearing shall be decided by a panel of three members designated by the Chairman or Vice Chairman of the Board.

All decisions and findings shall be made in writing and authenticated copies thereof shall be forwarded to the Chairman, House Office Building Commission and to the parties or their counsel.

RULE 24

REPRESENTATION OF PARTIES

a. 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 may be represented by a member thereof. Any appellant may be represented by an attorney at law duly licensed in any State, Commonwealth, Territory, or in the District of Columbia. The Board may authorize a contractor to appear by a duly authorized representative other than those memtioned in a special case, but for the purposes of that case only.

b. Designation of counsel for the Government.-Government counsel shall be designated by the Architect of the Capitol with authority to represent the interests of the Government before the Board.

RULE 25

CONTINUANCES PENDING RECONSIDERATION BY THE PARTIES

Whenever at any time it appears that appellant and contracting officer or their counsel are in agreement as to the disposition of the controversy either in whole or in part, the Board may suspend further processing of the appeal in order to permit reconsideration by the parties; provided, however, that if the Board is advised thereafter

by either party that the controversy has not been disposed of by agreement the case shall be restored to the Board's calendar for hearing without loss of position.

RULE 26

COPIES AND SERVICE THEREOF

An original and three copies of every pleading, motion, brief, or other statement addressed to the Board, except the appeal file required by Rule 3, shall be filed with the Board, and three copies thereof shall be promptly served upon the other party. Service may be made by personal delivery of the required copies to the opposing party or his counsel or attorney of record, or by depositing such copies in the mail in a sealed envelope, postage prepaid, addressed to such party, counsel or attorney. Copies of motions calling for action by the Board shall be served at least three clear days, exclusive of Sundays and legal holidays, before such motion may be presented to the Board for action, unless earlier presentation is agreed to by the opposite party. The time and method of service shall be certified by the party making it or his counsel or attorney.

RULE 27

MOTION FOR RECONSIDERATION

A motion for reconsideration, if filed by either party, shall set forth specifically the ground or grounds relied upon to sustain the motion, and shall be filed within 30 days from the date of the receipt of a copy of the decision of the Board by the party filing the motion.

RULE 28

EFFECTIVE DATE OF RULES

These rules shall apply, as to future proceedings, to all appeals pending on their effective date or thereafter filed.