A Primer on Government Contract Claims: With Rules of the Boards of Contract AppealsU.S. Government Printing Office, 1973 - 217 pages |
From inside the book
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Page 4
... final decision . There is no time limit in which the contracting officer must render his final decision in writing . In coming to his decision , the contracting officer may consult with his legal , engineering , and other advisors . His ...
... final decision . There is no time limit in which the contracting officer must render his final decision in writing . In coming to his decision , the contracting officer may consult with his legal , engineering , and other advisors . His ...
Page 6
... final with respect to a question of fact and cannot be appealed to a Federal court unless that decision is " fraudulent or capricious or arbitrary or so grossly erroneous as necessary to imply bad faith , or is not supported by ...
... final with respect to a question of fact and cannot be appealed to a Federal court unless that decision is " fraudulent or capricious or arbitrary or so grossly erroneous as necessary to imply bad faith , or is not supported by ...
Page 7
... final decision on a claim , the Disputes clause provides that the contractor can appeal the decision within a designated number of days from its receipt . Contract claims in general must be brought to a Federal court within six years of ...
... final decision on a claim , the Disputes clause provides that the contractor can appeal the decision within a designated number of days from its receipt . Contract claims in general must be brought to a Federal court within six years of ...
Page 11
... final and conclusive unless , within 30 days from the date of receipt of such copy , the Contractor mails or otherwise fur- nishes to the Contracting Officer a written appeal addressed to the Secretary . The decision of the Secretary or ...
... final and conclusive unless , within 30 days from the date of receipt of such copy , the Contractor mails or otherwise fur- nishes to the Contracting Officer a written appeal addressed to the Secretary . The decision of the Secretary or ...
Page 14
... final opinions or orders in the adjudication of cases . § 2400.2 Membership and participation . ( a ) The Board is composed of eleven members appointed by the Secretary of Agriculture one of whom is designated to act as Chairman and one ...
... final opinions or orders in the adjudication of cases . § 2400.2 Membership and participation . ( a ) The Board is composed of eleven members appointed by the Secretary of Agriculture one of whom is designated to act as Chairman and one ...
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Common terms and phrases
30 days administrative affirmative defenses agency amended answer appeal file appeal is taken application appropriate attorney attorney at law authorized representative Board member Board of Contract cause shown Chairman complaint consider Contract Appeals Board contracting officer contractor copies thereof court days after receipt deemed Department designated determination of appeals discretion dismiss Disputes clause District of Columbia docket documents elect exhibits Federal findings of fact furnished Government contract inspection inspection of documents issues liquidated damages mailing matter ment motion for reconsideration notice of appeal notice of hearing notify oath opposing party optional accelerated procedure oral examination oral hearing otherwise panel pending permit person pertinent pleadings Posthearing briefs Prehearing briefs proceedings promptly proper scope received in evidence relevant and material remanded request Secretary served set for hearing small business specifically statements stipulations submission submitted Subpart subpoena tion transcript U.S. District Court Unexcused absence United States Code witness written interrogatories
Popular passages
Page 124 - Upon motion of any party showing good cause therefor and upon notice to all other parties, and subject to the provisions of Rule 30 (b), the court in which an action is pending may (1) order any party to produce and permit the inspection and copying or photographing, by or on behalf of the moving party, of any designated documents, papers, books, accounts, letters, photographs, objects, or tangible things, not privileged, which constitute or contain evidence relating to any of the matters within...
Page 63 - USE OF DEPOSITIONS. At the trial or upon the hearing of a motion or an interlocutory proceeding, any part or all of a deposition, so far as admissible under the rules of evidence, may be used against any party who was present or represented at the taking of the deposition or who had due notice thereof...
Page 16 - The decision of the Secretary or his duly authorized representative for the determination of such appeals shall be final and conclusive unless determined by a court of competent jurisdiction to have been fraudulent, or capricious, or arbitrary, or so grossly erroneous as necessarily to imply bad faith, or not supported by substantial evidence.
Page 171 - Documents (a) Request for Admission. After commencement of an action a party may serve upon any other party a written request for the admission by the latter of the genuineness of any relevant documents described in and exhibited with the request or of the truth of any relevant matters of fact set forth in the request.
Page 63 - ... such exceptional circumstances exist as to make it desirable, in the interest of justice and with due regard to the importance of presenting the testimony of witnesses orally in open court, to allow the deposition to be used.
Page 59 - When issues not raised by the pleadings are tried by express or implied consent of the parties, they shall be treated in all respects as if they had been raised in the pleadings. Such amendment of the pleadings as may be necessary to cause them to conform to the evidence...
Page 126 - In any action, the court may in its discretion direct the attorneys for the parties to appear before it for a conference to consider (1) The simplification of the issues; (2) The necessity or desirability of amendments to the pleadings; (3) The possibility of obtaining admissions of fact and of documents which will avoid unnecessary proof...
Page 54 - The last day of the period so computed shall be included, unless it is a Saturday, a Sunday, or a legal holiday, in which event the period runs until the end of the next day which is not a Saturday, a Sunday, or a legal holiday.
Page 54 - ... request therefor is made before the expiration of the period originally prescribed or as extended by a previous order, or (2) upon motion made after the expiration of the specified period permit the act to be done where the failure to act was the result of excusable neglect...
Page 65 - ... (b) Officer to Take Responses and Prepare Record. A copy of the notice and copies of all interrogatories served shall be delivered by the party taking the deposition to the officer...