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§ 1241.127 Settling the record.

(a) The record upon which the Board's decision will be rendered consists of the appeal file described in § 1241.108 and, to the extent the following items exist in a case, pleadings, prehearing conference memoranda, or orders, prehearing briefs, depositions, interrogatories (subject to the provisions of § 1241.115(c)) answers to interrogatories, requests for admissions, admissions, transcripts of conferences and hearings, hearing exhibits, posthearing briefs, and any other document which the Board has specifically designated be made a part of the record. The record will be available at all reasonable times for inspection by the parties at the office of the Board in Washington, D.C.

(b) Except as otherwise ordered, no proof shall be received in evidence after completion of an oral hearing or, in cases submitted on the record, after notification by the Board that the case is ready for decision.

§ 1241.128 Settlement of dispute.

The parties may settle a dispute at any time before decision by filing a written notice by the appellant withdrawing its appeal or by written stipulation of settlement between the parties. The Board may then issue an order dismissing the appeal with prejudice.

§ 1241.129 Decisions and records.

Decisions of the Board will be made in writing and authenticated copies thereof will be forwarded simultaneously to both parties. The rules of the Board, all final orders and decisions, and other records of, or before the Board shall be available for inspection at its offices to the extent permitted by, and subject to the exemptions of 5 U. .C.

552.

§ 1241.130 Motions for reconsideration.

Either party may move for reconsideration of the Board's decision within 30 calendar days of its receipt of an authenticated copy therof, stating specifically the grounds relied upon for reconsideration, together with briefs, if desired, in support thereof. The other party may have 20 calendar days in which to respond to the motion and to present written arguments in support of its position.

§ 1241.131 Dismissal for failure to prosecute.

Whenever a record discloses the failure of either party to file documents required by these rules, to respond to notices or correspondence from the Board, or otherwise indicates an intention not to continue the prosecution or defense of an appeal, the Board may issue an order requiring the offending party to show cause why the appeal should not be either dismissed or granted, as appropriate. If the offending party shall fail to show cause, the Board may take such action as it deems reasonable and proper under the circumstances. § 1241.132 Dismissal without prejudice.

When the Board is unable to proceed with the processing of an appeal for reasons beyond its control, and it appears that this inability 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 thereto when the cause of suspension has been removed. By agreement of the parties, the Board may dismiss an appeal without prejudice.

§ 1241.133 Ex parte communications.

No member of the Board or of the Board's staff shall entertain, nor shall any person directly or indirectly involved in an appeal submit to the Board or the Board's staff, off the record, any evidence, explanation, analysis, or advice, whether written or oral, regarding any substantive matter at issue in an appeal. This provision does not apply to consultation among Board members nor to ex parte communications authorized by law or concerning the Board's administrative functions or procedures.

§ 1241.134 Remands from courts.

Whenever any matter is remanded to the Board from any Court for further proceedings, the parties shall, within 20 calendar days of such remand, submit a report to the Board indicating what procedures they think necessary to comply with the Court's order. The Board will 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, those orders will conform to these rules.

§ 1241.135 Mediation.

(a) At any time prior to the scheduling of the hearings and upon the joint application of the parties for assistance in possible settlement of the claim, the Board shall designate one of its members to serve as a mediator. In that capacity, the designated Board member shall convene an informal conference or series of conferences to explore settlement to the fullest extent possible. At any such conference the parties may present their facts and arguments by any suitable method, including, but not limited to, offers of proof by counsel, affidavits, or narrative statements by prospective witnesses, documentary evidence, argument, and briefs or memoranda on the facts or law, or both, all to be presented without regard to the normal rules of evidence followed by the Board.

(b) It is the purpose and intent of this § 1241.135 to permit and to encourage full and frank development and disclosure of each party's position and active participation by the mediator in developing and discussing with the parties the merits of their respective positions. The role of the mediator in the process will be to assist the parties to evaluate settlement possibilities realistically and to try impartially to arrive at a negotiated settlement, if possible.

(c) No portion or aspect of any conference, documentary or oral, shall be recorded or otherwise made a part of the record of the Board. If the mediation services do not result in a settlement, and the appeal is thereafter prosecuted, the Board member who conducted the mediation shall not take part, directly or indirectly, in any further proceedings in connection with the appeal, and the parties shall thereafter prosecute the appeal de novo before another Board member or members.

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SUBPART 22-60.1-BOARD OF CONTRACT APPEALS ESTABLISHMENT AND FUNCTIONS

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22-60. 211

SUBPART 22-60.2-APPEAL PROCEDURES

Scope of subpart.

Notice to contractor of appeals procedures.
Filing of notice of appeal.

Form and content of notice of appeal.

Duties of the Contracting Officer.

Designation of Board, delegation of final decision power; appeal file.

Optional procedure for appeals.

Submission without a hearing.

Settlement; withdrawal of appeal.
Pre-hearing conference.
Hearings.

22-60. 211-1 Notice and where held.

22-60. 211-2 Representation.

22-60. 211-3 Absence of parties.

22-60. 211-4 Nature of hearings; evidence.

22-60. 211-5 Examination of witnesses.

22-60. 211-6 Copies of documents. 22-60. 211-7 Posthearing briefs.

22-60. 211-8 Transcript of proceedings.

20-60. 211-9 Withdrawal of exhibits.

22-60. 212 22-60. 213

22-60. 214

Submission of additional information at Board's request.

Communications between parties and the Board; evidence of service.
Findings, recommendations, and decision.

AUTHORITY: The provisions of this Part 22-60 issued under 42 U.S. C. 2942 (n). SOURCE: The provisions of this Part 22-60 appear at 31 F.R. 6625, May 4, 1966, unless otherwise noted.

§ 22-60.000 Scope of part.

This part established policies and procedures regarding appeals from decisions of contracting officers filed pursuant to "Disputes" clauses of contracts entered into by the Office of Economic Opportunity.

§ 22-60.001 Definitions.

As used in the contract appeal regulations in this part:

(a) "Assistant Director" means the Assistant Director for Management of the Office of Economic Opportunity.

(b) "Board" means the Board of Contract Appeals established pursuant to the regulations in this part and included individual members of the Board exercising the powers of the full Board in connection with prehearing conferences and hearings at which they have been designated to preside pursuant to § 22-60.210 or § 22-60.211.

(c) "Contracting Officer" means the contracting officer or administrative or successor contracting officer designated under an Office of Economic Opportunity contract from whose decision an appeal has been taken under the "Disputes" clause of the contract.

(d) "General Counsel" means the General Counsel of the Office of Economic Opportunity or any attorney in the General Counsel's Office who has been designated to represent the Government as respondent in connection with an appeal under the regulations in this part.

(e) "Parties," "Appellant," and "Government" include duly authorized attorneys and other representatives appearing for the parties, the appellant, or the Government in connection with an appeal under the regulations in this part.

SUBPART 22-60.1-BOARD OF CONTRACT APPEALS ESTABLISHMENT AND FUNCTIONS

§ 22-60.101 Scope of subpart.

This subpart describes the establishment, membership, and functions of the Board of Contract Appeals of the Office of Economic Opportunity.

§ 22-60.102 Determination of appeals.

Determination of appeals from decisions of contracting officer shall be made by the Assistant Director after receipt of findings and recommendations by a Board, or by the Board itself pursuant to delegation of the Assistant Director in accordance with § 22-60.206(a).

§ 22-60.103 Establishment and membership of the Board.

(a) Members of the Board shall be designated by the Assistant Director and shall consist of a chairman and two associate members. At least one of the members shall be either an attorney or a qualified hearing examiner. No person shall be designated as a member of the Board if he has participated in or has any interest, direct or indirect, in the awarding or administering of the contract in dispute, if he is engaged at the time in the administration of a related or similar contract, or if he is a member of the General Counsel's Office of the Office of Economic Opportunity. When he deems appropriate, the Assistant Director may designate a person from the academic community or from industry to serve as a member of the Board.

(b) In all cases under the regulations in this part requiring action by the full Board, majority vote shall govern. A quorum of the full Board for purposes of doing business shall consist of two members. § 22-60.104 Functions of the Board.

(a) The Board shall perform all acts and make all orders and rulings necessary and appropriate in connection with the procedures specified in Subpart 22-60.2 of this part and shall perform such other duties as may be delegated to it by the Assistant Director.

(b) The Board may in its discretion hear, consider, and make findings and recommendations on all questions which it deems appropriate for the complete adjudication of the issues involved in the appeal, including questions of law.

SUBPART 22-60.2-APPEAL PROCEDURES

§ 22-60.201 Scope of subpart.

This subpart sets forth the procedures governing the filing and disposition of an appeal.

§ 22-60.202 Notice to contractor of appeals procedures.

Whenever a contractor protests a decision of the Contracting Officer made pursuant to a contract "Dispute" clause or otherwise advises the Contracting Officer of an intention to contest or appeal such a decision, the Contracting Officer shall promptly make available to the contractor (hereafter called the "appellant") a copy of the contract appeals regulations in this part.

§ 22-60.203 Filing of notice of appeal.

Notice of an appeal must be in writing and signed personally by the appellant, by an officer of the appellant corporation, or member of the appellant firm, or by the appellant's duly authorized representative or attorney. The notice shall be addressed to the Contracting Officer or the Assistant Director and shall be mailed or otherwise filed with the Contracting Officer whose decision is being disputed. The notice of appeal must be mailed or otherwise filed within the time specified in the contract.

§ 22-60.204 Form and content of notice of appeal.

The notice of appeal should indicate that an appeal is thereby intended and should include the following information:

(a) Identification of the contract involved;

(b) The specific decision of the Contracting Officer from which the appeal is taken, including the date and form of such decision;

(c) The specific portion or portions of the findings of fact or decision from which the appeal is being taken, and the reasons why such findings or decisions are deemed erroneous;

(d) The relief sought by the appellant, and

(e) Whether the appellant wishes a hearing or is willing to have the appeal decided on the basis of written submissions.

§ 22-60.205 Duties of the Contracting Officer.

Upon receipt of the notice of appeal, the Contracting Officer shall promptly acknowledge receipt thereof in writing to the appellant, enclosing a copy of the contract appeal regulations in this part, and shall transmit a copy of such acknowledgment to the Assistant Director together with the appeal file consisting of the documents specified in § 22-60.206 and a separate listing by title and date of such documents. A copy of the acknowledgment shall be transmitted simultaneously to the General Counsel. The Contracting Officer may retain a duplicate copy of the appeal file. In any case where the notice of appeal does not specify whether a hearing is desired, the letter of acknowledgment shall specifically call the appellant's attention to the provisions of §§ 22-60.207 and 22-60.208.

§ 22-60.206 Designation of Board, delegation of final decision power; appeal file.

(a) After the Assistant Director has received notification of the appeal, he shall designate the Board in accordance with the provisions of § 22-60.103 and shall transmit the appeal file to the Board Chair

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