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HEARINGS

Sec. 4.118 Hearings; where and when held.

Hearings may be held in Arlington, Va., or upon timely request and for good cause shown, the Board may in its discretion set the hearing on an appeal at a location other than Arlington, Va. Hearings will be scheduled at the discretion of the Board with due consideration to the regular order of appeals and other pertinent factors. On request or motion by either party and for good cause shown, the Board may in its discretion advance a hearing.

Sec. 4.119 Notice of Hearings.

The parties shall be given at least 15 days' notice of the time and place set for hearings. In scheduling hearings, the Board will give due regard to the desires of the parties, and to the requirement for just and prompt determination of appeals. Receipt of a notice of hearing shall be promptly acknowledged by the parties. A party failing to acknowledge a notice of hearing shall be deemed to have consented to the indicated time and place of hearing.

Sec. 4.120 Unexcused absence of a party.

The unexcused absence of a party at the time and place set for hearing will not be occasion for delay. In the event of such absence, the hearing will proceed and the case will be regarded as submitted by the absent party as provided in Sec. 4.112. The Board shall advise the absent party of the content of the proceedings had and that he has 5 days from the receipt of such notice within which to show cause why the appeals should not be decided on the record made.

Sec. 4.121 Nature of hearings.

Hearings shall be as informal as may be reasonable and appropriate in the circumstances. Appellant and respondent may offer at a hearing on the merits such relevant evidence as they deem appropriate and as would be admissible under the generally accepted rules of evidence applied in the courts of the United States in nonjury trials, subject, however, to the sound discretion of the presiding member or examiner in supervising the extent and manner of presentation of such evidence. In general, admissibility will hinge on relevancy and materiality. Letters or copies thereof, affidavits, or other evidence not ordinarily admissible under the generally accepted rules of evidence, may be admitted in the discretion of the presiding member or examiner. The weight to be attached to evidence presented in any particular form will be within the discretion of the Board, taking into consideration all the circumstances of the particular case. Stipulations of fact agreed upon by the parties may be regarded and used as evidence at the hearing. The parties may stipulate the testimony that would be given by a witness if the witness were present. The Board may in any case require evidence in addition to that offered by the parties.

Sec. 4.122 Examination of witnesses.

Witnesses before the Board will be examined orally under oath or affirmation, unless the facts are stipulated, or the presiding Board member or examiner shall otherwise order. If the testimony of a witness is not given under oath the presiding Board member、or examiner shall call to the attention of the witness the provisions of title 18, United States Code, sections 287 and 1001, prescribing penalties for knowingly making false representations in connection with claims against the United States or in any matter within the jurisdiction of any department or agency thereof.

Sec. 4.123 Posthearing briefs.

Posthearing briefs may be submitted upon such terms as may be agreed upon by the parties and the presiding Board member or examiner at the conclusion of the hearing.

DECISIONS

Sec. 4.124 Decisions.

Decisions of the Board will made upon the record, as described in Sec. 4.114. Copies thereof will be forwarded simultaneously to both parties by certified mail.

MOTIONS FOR RECONSIDERATION

Sec. 4.125 Motions for Reconsideration.

A motion for reconsideration, if filed by either party, shall set forth specifically the ground or grounds relied upon in support of the motion, and shall be filed within 30 days from the date of the receipt of a copy of the Board's decision by the party filing the motion. Reconsideration of a decision, which may include a hearing or rehearing, may be granted if, in the judgment of the Board, sufficient reason therefor appears.

DISMISSAL WITHOUT PREJUDICE

Sec. 4.126 Dismissal without prejudice.

In certain cases, appeals docketed before the Board reach a stage where the Board is unable to proceed with disposition thereof for reasons not within the control of the Board. In any such case where the inability to take action upon the appeal has continued, or it appears that it will continue, for an inordinate length of time, the Board may in its discretion dismiss such appeal from its docket without prejudice

to its restoration when the cause of delay has been removed, and when the parties have complied with conditions specified by the Board in its dismissal order.

SANCTIONS

Sec. 4.127 Sanctions.

In the event of failure of a party to comply with a request of the Board for production of documents or other material, or to make available an officer, director, official, or employee of such party, or failure to answer written interrogatories or questions on oral examination without showing just cause or excuse for such failure to the Board, the Board may (a) decide the fact or issue relating to the material which the Board has requested to be produced, or relating to what might have been elicited from the person whose testimony was requested, in accordance with the claim of the other party or in accordance with other evidence available to the Board; (b) dismiss all or part of an appeal in appropriate circumstances; or (c) make such other ruling as the Board determines is just and proper.

REMANDS FROM COURTS

Sec. 4.128 Remands from courts.

Whenever any matter is remanded to the Board from any court for further proceedings, each of the parties shall, within 20 days of such remand, submit a report to the Board, recommending procedures to be followed in order to comply with the court's order. The Board will review the reports and enter special orders governing the handling of matters remanded to it for further proceedings by any court. To the extent the court's directive and time limitations will permit, such orders will conform to the rules in this part.

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The undersigned contractor appeals to the Board of Contract

Appeals from decision or findings of fact dated

by

(Name of Contracting Officer)

The decision or findings of fact is erroneous because:

(State specific facts and circumstances and

contractual provisions involved)

(Signature & Title)

(j) DEPARTMENT OF LABOR

TITLE 41-PUBLIC CONTRACTS AND PROPERTY
MANAGEMENT

CHAPTER 29-DEPARTMENT OF LABOR

PART 29-60-PROCEDURES FOR SETTLING CONTRACT DISPUTE APPEALS

On May 23, 1972, notice of proposed rule making concerning procedures for settling contract dispute appeals was published in the FEDERAL REGISTER (37 F.R. 10450). No objections were received from the public, but further study by this Department indicates the need for one change. Accordingly, the amendment as proposed is adopted subject to the following change:

1. In paragraph (b) of § 29-60.101, the number of Department of Labor Hearing Examiners is changed from five to eight. As amended § 29-60.101 (b) reads as set forth below.

Effective date. These regulations shall be effective upon publication in the FEDERAL REGISTER (7-19-72).

Sec.

Signed at Washington, D.C., this 14th day of July 1972.

29-60.000 Scope of part.

J. D. HODGSON, Secretary of Labor.

SUBPART 29-60.1-GENERAL POLICY; ESTABLISHMENT AND FUNCTIONS OF BOARD OF CONTRACT APPEALS

29-60.100 Designation and establishment.

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29-60.104-2 Administration and interpretation of rules.

29-60.104-3 Preliminary procedures.

29-60.104-4 Delegation of authority.

29-60.104-5 Time, computation, and extensions.

29-60.104-6 Representation of parties.

SUBPART 29-60.2-RULES OF THE DEPARTMENT OF LABOR BOARD OF CONTRACT

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