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APPEALS FROM DECISIONS OF CONTRACTING OFFICERS

770 (1.770). CONTRACT APPEALS BOARD

(A) Establishment. The Contract Appeals Board has been established in the Office of the Administrator to act as his duly authorized representative to hear and decide appeals of contractors under disputes provisions in contracts of the Veterans Administration. (Nov. 24, 1965)

(B) Location. The offices of the Board are located in the Veterans Administration Central Office, Washington, D.C. 20420. (Nov. 24, 1965)

(C) Short Title. The short title of the Board is VACAB.

(Jan. 1,

1961)

[ ] (Oct. 23, 1968)

771 (81.771). DELEGATION OF AUTHORITY

(A) The Board is delegated authority by the Administrator to ascertain the facts and circumstances and to render and publish final decisions on appeals entered by contractors from decisions of VA contracting officers in accordance with contract terms and these regulations. (June 1, 1960)

(B) The Board and its individual members are delegated authority by the Administrator to take such actions as may be necessary to hear and decide appeals including the administering of oaths and affirmations, the taking of testimony and affidavits, the conduct of hearings, the dismissal of proceedings and ordering the production of documents and other evidence. (June 1, 1960)

(C)

The Board is authorized to take official notice of facts within general knowledge and to decide all questions necessary for complete adjudication. (June 1, 1960)

(D)

The Board is authorized to require VA contracting officers and other VA officials having responsibility for or official knowledge of the design of projects, or the award, administration or supervision of contracts, or of work performed thereunder, to furnish the Board such information, technical data, and similar assistance as the Board may require in the performance of its duties. In such event a copy of the request and of the reply will be furnished to the Appellant. (Nov. 24, 1965)

(E) [There is no further administrative appeal within the Veterans Administration from decisions rendered by the Board.] (Oct. 23, 1968)

[(F)] These regulations are subject to the provisions of Public Law 356, 83d Congress (41 U. S. C. 321 and 322). (Oct. 23, 1968)

772 (81.772). COMPOSITION OF THE BOARD

(A) Membership. The Board is composed of a Chairman and members [ designated by the Administrator, [all of whom shall be] members of the bar of a State, Commonwealth, or Territory of the United States or of the District of Columbia [ 1. (Oct. 23, 1968)

(B) Panels. [ ] Each appeal shall be assigned [ ] by the Chairman [to a panel of three Board members,] one of whom [ ] shall be designated [ ] to preside. Each panel so designated has authority to exercise the full jurisdiction of the Board on the appeal. A decision by a majority of the members of the panel shall constitute the final decision of the Board. (Oct. 23, 1968)

(C) Disqualification. No member of the Board may consider an appeal if he has participated in the formulation or administration of the contract, or has any interest, directly or indirectly, in the dispute. (June 1, 1960)

(D) Alternates. An alternate may be appointed by the Chairman for any panel member who dies, or is absent, or disqualified. (June 1, 1960)

773 (81.773). [STATEMENT OF POLICY

(A) Emphasis is placed upon the sound administration of these rules in specific cases, because it is impracticable to articulate a rule to fit every possible circumstance which may be encountered. These rules will be interpreted so as to secure a just and inexpensive determination of appeals without unnecessary delay.] (Oct. 23, 1968)

[(B) Preliminary procedures are available to encourage full disclosure of relevant and material facts, and to discourage unwarranted surprise. Hearings, which will be quasi-judicial in nature and which will be held at the election of either party, will be scheduled without undue delay.] (Oct. 23, 1968)

[(C) All time limitations specified for various procedural actions are computed as maximums, and are not to be fully exhausted if the action described can be accomplished in a lesser period. These time limitations are similarly eligible for extension in appropriate circumstances, on good cause shown.] (Oct. 23, 1968)

774 (81.774). [RULES OF THE BOARD

RULE 1. APPEALS, HOW TAKEN. Notice of an appeal must be in writing, and the original, together with two copies, may be filed with the contracting officer from whose decision the appeal is taken. The notice of appeal must be mailed or otherwise filed within the time specified therefor in the contract.

RULE 2. NOTICE OF APPEAL, CONTENTS OF. A notice of appeal should indicate that an appeal is thereby intended, and should identify the contract by number and the decision from which the appeal is taken. The notice of appeal should be signed personally by the Appellant (the contractor making the appeal), or by an officer of the appellant corporation or member of the appellant firm, or by the contractor's duly authorized representative or attorney. The complaint referred to in Rule 6 may be filed with the notice of appeal, or the Appellant may designate the notice of appeal as a complaint, if it otherwise fulfills the requirements of a complaint.

RULE 3. FORWARDING OF APPEALS. When a notice of appeal in any form has been received by the contracting officer, he shall endorse thereon the date of mailing (or date of receipt, if otherwise conveyed) and within 10 days shall forward said notice of appeal to the Board. Following receipt

by the Board of the original notice of an appeal (whether through the contracting officer or otherwise), the contractor and contracting officer will be promptly advised of its receipt, and the contractor will be furnished a copy of these rules.

RULE 4. DUTIES OF THE CONTRACTING OFFICER

(A) Following receipt of a notice of appeal, or advice that an appeal has been filed, the contracting officer shall promptly, and in any event within 30 days, compile and transmit to the Board and to the Government trial attorney copies of all documents pertinent to the appeal, including the following:

(1) The findings of fact and the decision from which the appeal is taken, and the letter or letters or other documents of claim in response to which the decision was issued;

(2) The contract, and pertinent plans, specifications, amendments, and change orders;

(3) Correspondence between the parties and other data pertinent to the appeal;

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