Rule 6.1 Appeals, How Taken

. Rule 6.3

· Rule 6.4

. Rule 6.5 Rule 6.6

Rule 6. 7

·

P

Time Limit For Taking Appeals

Notice of Appeal, Contents

Notice of Appeal, Signing

Time of Filing, Endorsement of
Documents from Contracting Officer
Inspection of Appeal File

Rule 6.8 Appeal File Part of Record; Objections
Rule 6.9

Supplementing the Appeal File

Stipulations

PRE-HEARING PROCEDURES

Pre-Hearing Conference

3

Pre-Hearing Order

Rule 12.10 - Official Transcript

Rule 12.11 - Corrections to the Transcript

PART 16 SPECIAL RULES GOVERNING CASES IN WHICH BOARD
DOES NOT MAKE FINAL DECISION

Organization Order No. 9, as amended, Part VI

INDEX

INTRODUCTION

The Contract Appeals Board was established * to hear, review and decide all protests and appeals from actions of contracting officers of the District of Columbia, and such other contractual appeals as the Commissioner may from time to time order. Decisions of the Contract Appeals Board are final in all cases, subject to such limitations and review as may be provided by law.

The Contract Appeals Board consists of one or more Assistant Corporation Counsel and two or more persons appointed or designated by the Commissioner from among Corps of Engineer officers detailed to assist the Commissioner or from among active or retired District of Columbia officers who have had practical experience in the administration of government contracts. However, no person may participate in the decision of any case in which the appeal has been taken from the action of a contracting officer or alternate contracting officer of the department of which he is or was the Director or an employee, or in which he has participated directly in any aspect of the award or administration of the contract involved. Except as otherwise provided by its rules, the Board acts through panels of not less than three members, but any two members of a panel constitute a quorum for the transaction of any business of the Board, and the decision of a majority of the members of a panel constitutes the decision of the Board. The Chairman assigns members to panels, but every panel must include at least one Assistant Corporation Counsel member.

The members of the Board are empowered to administer oathṣ, false swearing is perjury, and the Board may issue subpoenas which are enforceable by the United States District Court for the District of Columbia.

The Board is authorized to formulate rules governing its own procedures, including the establishment of time

*Part VI of Organization Order No. 9, dated June 6, 1968, pursuant to Reorganization Plan No. 3 of 1967, 81 Stat. 948 (also D. C. Code, Title I App.). This Order superseded Part VII of Reorganization Order No. 29, as amended, issued pursuant to Reorganization Plan No. 5 of 1952, 66 Stat. 824. The text of Part VI of Organization Order No. 9 is in the Appendix to these Rules.

limits and the development of methods of perfecting appeals. Heretofore the Board's rules and their amendments have been published in the D. C. Register as follows: Vol. VIII, page 253 (April 30, 1962), Vol. IX, page 239 (May 13, 1963), Vol. XII, page 177 (February 28, 1966), and Vol. XV page 15-16 (July 15, 1968)

RULE 1.1. Definitions. As used in these Rules, the following terms have the meanings indicated:

(a) Appellant. The term "appellant" means the person seeking relief from the Board, and is generally a contractor with the Government.

(b) Appeal File. The term "appeal file" means the contract, plans, specifications, decision of the contracting officer appealed from, and all other documents transmitted to the Board by the contracting officer pursuant to Rule 6.6.

(c) Board. The term "Board" means a panel of the Contract Appeals Board, D. C., and unless the context otherwise indicates also means, in the alternative, the Chairman or another law member acting alone pursuant to Rule 1.3.

(d) Chairman. The term "Chairman" means the Chairman of the Board as defined in the Charter.

(e) Charter. The term "Charter" means Part VI of Organization Order No. 9 dated June 6, 1968, issued pursuant to Reorganization Plan No. 3 of 1967, as the same may be amended from time to time.

(f) Contracting Officer. The term "contracting officer" includes any officer or other authority whose decision may be reviewed by the Board under its charter.

(g) Government. The term "government" means the District of Columbia, the Armory Board, and any other body politic, municipal