[Federal Register Volume 61, Number 195 (Monday, October 7, 1996)]
[Rules and Regulations]
[Pages 52347-52370]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 96-25121]


=======================================================================
-----------------------------------------------------------------------

GENERAL SERVICES ADMINISTRATION

48 CFR Parts 6101 and 6102

RIN Number 3090-AF99


Board of Contract Appeals; Rules of Procedure of the General 
Services Administration Board of Contract Appeals: Standard Proceedings 
and Expedited Proceedings

AGENCY: Board of Contract Appeals, General Services Administration.

ACTION: Final rule.

-----------------------------------------------------------------------

SUMMARY: This document contains final revisions to the rules governing 
proceedings before the General Services Administration Board of 
Contract Appeals (Board). It supersedes the current rules of procedure 
of the Board which are contained in 48 CFR part 6101, in their 
entirety. The rules governing the standard proceedings of the Board are 
now contained in part 6101, while rules governing expedited 
proceedings--including alternative dispute resolution (ADR)--are 
contained in part 6102. The Board, by majority vote, has adopted these 
revised rules pursuant to its authority contained in the Contract 
Disputes Act of 1978 (41 U.S.C. 601-613). The revised rules will govern 
proceedings before the Board in contract appeals (41 U.S.C. 601-613), 
as well as any ADR proceedings handled by the Board pursuant to 
authority delegated by the Administrator of General Services.

EFFECTIVE DATE: October 7, 1996.

FOR FURTHER INFORMATION CONTACT: Margaret S. Pfunder, Deputy Chief 
Counsel, GSA Board of Contract Appeals, telephone (202) 501-0272, 
Internet address Margaret.P[email protected]..

SUPPLEMENTARY INFORMATION:

A. Regulatory Flexibility Act

    The General Services Administration certifies that these revisions 
will not have a significant economic impact on a substantial number of 
small entities within the meaning of the Regulatory Flexibility Act (5 
U.S.C. 601 et seq.).

[[Page 52348]]

B. Paperwork Reduction Act

    The Paperwork Reduction Act does not apply because the rule does 
not impose recordkeeping or information collection requirements, or the 
collection of information from offerors, contractors, or members of the 
public which require the approval of OMB under 44 U.S.C. 3501 et seq.

C. Effective Dates

    These rules are applicable to all proceedings filed on or after 
October 7, 1996. Protests and related proceedings are governed by the 
rules in effect at the time the underlying protests were filed.

D. Background

    On June 24, 1996, the Board published in the Federal Register (61 
FR 32410) a notice inviting written comments on proposed revisions to 
its rules of procedure. This notice announced the Board's intention to 
revise its existing rules of procedure, 48 CFR part 6101, and explained 
the purpose of the proposed revisions was to implement section 5101 of 
the Defense Authorization Act for Fiscal Year 1996 (Pub. L. 104-106), 
which eliminated the Board's jurisdiction to hear and decide bid 
protests which were filed on or after August 8, 1996, regarding 
procurements of automatic data processing (ADP) equipment and services. 
This final rule implements section 5101 by eliminating all references 
to bid protests in the Board's rules of procedure.
    This rule (Part 6102) also describes the techniques intended to 
shorten and simplify, when appropriate, the formal proceedings used by 
the Board to resolve contract disputes. In particular, the rules 
expressly permit the use of ADR. The Board will make its services 
available for ADR proceedings involving any agency in contract and 
procurement matters at any stage, even if no contracting officer 
decision has been issued or is contemplated. For agencies other than 
GSA, The Board will provide ADR services on a reimbursable basis.

E. Summary of Comments and Changes

    The Board received written comments from six commentators. 
Commentators included the offices of general counsel of three federal 
agencies, the office of the chief trial attorney of a federal agency, 
and one private legal practitioner. The Board carefully considered each 
comment, and adopted many of the suggestions made by the commentators. 
The more significant comments are discussed below in a section-by-
section format.

Part 6101

    Section 6101.4  (Appeal File): One commentator suggested that 
Section 6101.4(a)(6) be revised to eliminate the requirement that bid 
abstracts be made part of the appeal file. Abstracts are often relevant 
in cases alleging a mistake in bids and in vehicle auction cases in 
which the Government seeks to recover actual damages. Accordingly, the 
Board revised this provision to require that the appeal file contain 
the abstract of bids only ``if relevant.''
    Section 6101.5  (Filing Cases; Time Limits for Filing; Docketing): 
One commentator suggested that since special or limited participation 
in a case is discretionary with the Board, it should be granted only 
after a motion is filed. Section 6101.5(a)(4) has been revised to make 
this requirement explicit.
    Section 6101.6  (Appearances; Notice of Appearance): One 
commentator pointed out that not all agency regulations permit an 
agency to be represented before the Board by a contracting officer or 
contracting officer's authorized representative. Section 6101.6(a)(2) 
has been revised to permit such representation if not prohibited by 
``agency regulation or otherwise.''
    In accordance with the suggestion of a commentator, Section 
6101.6(b) has been revised to require that attorneys representing 
parties before the Board list the state bars to which they are admitted 
and their state bar numbers or other bar identifiers in the notice of 
appearance.
    One commentator suggested that a motion for withdrawal of 
appearance is unnecessary if the new attorney enters an appearance at 
the time of the requested withdrawal. Section 6101.6(c) has been 
revised to require a person who has filed a notice of appearance and 
who wishes to withdraw from a case to file a motion which provides the 
name, address, telephone number, and facsimile machine number of the 
person who will assume responsibility for representation of the party 
in question. If the motion is accompanied by a statement from the 
successor representative that the established case schedule will be 
met, the motion need not state the grounds for withdrawal.
    Section 6101.7  (Pleadings in Appeals): In response to the 
suggestion of one commentator, Section 6101.7(b), governing the 
complaint, now provides that the Board may designate a notice of 
appeal, a claim submission, or any other document as the complaint ``if 
the document sufficiently states the factual basis and amount of the 
claim.''
    Section 6101.8  (Motions): In Section 6101.8(c), the list of 
dispositive motions that may be made before the Board has been modified 
at the suggestion of one commentator to include motions to dismiss 
without prejudice.
    Section 6101.17  (Interrogatories to Parties; Requests for 
Admission; Requests for Production of Documents): One commentator 
suggested eliminating the requirement that parties obtain permission of 
the Board before participating in discovery, citing an appellant's 
ability to use the Freedom of Information Act to obtain information. 
The Board determined to retain this provision, noting that early 
discovery may be requested by either party whenever needed, and that 
the provision is a useful means of monitoring case development and 
controlling the expenditure of effort.
    Section 6101.17(c) has been revised in response to the comment that 
the rule does not require that answers to requests for admission be 
sworn. The last two sentences of Section 6101.7(c) now state that any 
matter admitted is conclusively established for the purpose of the 
pending action, unless the Board on motion permits withdrawal or 
amendment of the admission, and that any admission made in the case may 
not be used against the party making it in any other proceeding.
    Section 6101.32  (Reconsideration; Amendment of Decision; New 
hearing) and Section 6101.33 (Relief from Decision or Order): One 
commentator suggested that these rules should clarify whether the 
filing of an appeal of a Board decision with the United States Court of 
Appeals for the Federal Circuit wrests from the Board jurisdiction to 
consider motions under these two sections. Similarly, the same 
commentator suggested clarifying that a motion pending under Section 
6101.32(d) or Section 6101.33(d) tolls the time for filing an appeal 
with the Court of Appeals for the Federal Circuit. The Board believes 
that these matters are not appropriately resolved by rules of 
procedure. It did not modify these rules.
    ``Offer of Judgment'' rule: Two commentators suggested that an 
``offer of judgment'' provision similar to Federal Rule of Civil 
Procedure 68 should be adopted by the Board. The commentators believe 
that the rule encourages a realistic, prompt, and thorough assessment 
of claims and leads to the settlement of matters in dispute between the 
parties. The Board knows of no statute that would permit adoption of 
such a rule, and therefore did not accept the suggestion.

[[Page 52349]]

Part 6102

    Section 6102.1  (Variation from Standard Proceedings): At the 
suggestion of one commentator, the Board revised this rule to clarify 
that expedited proceedings other than small claims and accelerated 
procedures (Sections 6102.2 and 6102.3) are used only when the parties 
agree to use them, and when the Board deems such proceedings to be in 
the best interest of the parties, the Board, and the resolution of 
contract disputes.
    Section 6102.4  (Alternative Dispute Resolution): Although strongly 
supportive of the Board's efforts to make ADR services available to 
parties upon request, two commentators queried whether the Board had 
sufficient statutory or delegated authority for this expanded role. 
They also suggested that the rule clarify whether these services were 
to be provide on a reimbursable basis.
    The Administrator of General Services has delegated the needed 
authority to the Board. The delegation specifies that when the Board 
makes ADR services available to agencies other than GSA, the services 
will be provided on a reimbursable basis. The Section has been revised 
to state more clearly that the Board will make its services available 
for ADR proceedings involving any agency in contract and procurement 
matters at any stage, even if no contracting officer decision has been 
issued or is contemplated.
    Section 6102.4(b)(1): At the suggestion of one commentator, Section 
6102.4(b)(1) has been redrafted to clarify that, if ADR is agreed to by 
the parties and the Board, the parties may request that the Board's 
chairman appoint a particular judge or judges as the Neutral, or that 
the chairman appoint any judge or judges as the Neutral.
    Two commentators suggested that, if the ADR involves a case pending 
before the Board, the parties should be allowed to choose whether a 
panel chairman who serves as a Neutral be permitted to retain the case 
should the ADR be unsuccessful. In response, Section 6102.4(b)(1) now 
provides that, if the ADR is unsuccessful and has involved mediation, 
the panel chairman shall not retain the case; if the ADR is 
unsuccessful and has not involved mediation, the panel chairman shall 
consider the parties' views and decide whether to retain the case.
    Section 6102.4(b)(2): One commentator suggested that the Board 
specify what would happen to material developed during an ADR 
proceeding, which is not retained by the Board after the proceeding is 
concluded or otherwise terminated. The Board does not believe that 
particular procedures need be specified the rules. The Section has been 
revised, however, to clarify that material created by a party for the 
purpose of an ADR proceeding is to be used solely for that proceeding 
unless the parties agree otherwise.
    Section 6102.4(c): In accordance with the suggestion of one 
commentator, this section has been revised to state that the Board will 
consider the use of any ADR technique propose by the parties which is 
deemed to be fair, reasonable, and in the best interest of the parties, 
the Board, and the resolution of contract disputes.
    One commentator suggested that a mediator be precluded from 
discussing the ADR with other judges. In recognition of this concern, 
Section 6102.4(c)(1) has been revised to provide that no judge who has 
participated in discussions about a mediation will participate in a 
Board decision of the case if the ADR is unsuccessful.
    One commentator suggested that this section should specify when ADR 
is most effective. Although the Board believes these considerations 
need not be presented in a rule, it agrees with the commentator that 
ADR is most effective as a dispute resolution technique when the 
essential elements of a successful ADR environment exist. These 
elements include: a genuine desire by the parties to resolve the 
dispute through ADR; an agreement by the parties as to the general type 
of ADR to be conducted and the rules to be used in conducting the ADR; 
and a willingness by the parties to have present at a non-binding ADR 
proceeding a principal with authority to agree to the settlement of the 
case.

List of Subjects

48 CFR Part 6101

    Administrative practice and procedure, Government procurement.

48 CFR Part 6102

    Administrative practice and procedure, Government procurement.
    For the reasons set out in the preamble, 48 CFR chapter 61 is 
amended as follows:
    1. Part 6101 is revised to read as follows:

PART 6101--RULES OF PROCEDURE OF THE GENERAL SERVICES 
ADMINISTRATION BOARD OF CONTRACT APPEALS (STANDARD PROCEEDINGS)

Sec.
6101.0  Foreword.
6101.1  Scope of rules; definitions; construction; rulings and 
orders; panels; situs [Rule 101].
6101.2  Time; enlargement; computation [Rule 102].
6101.3  Service of papers [Rule 103].
6101.4  Appeal file [Rule 104].
6101.5  Filing cases; time limits for filing; docketing [Rule 105].
6101.6  Appearances; notice of appearance [Rule 106].
6101.7  Pleadings in appeals [Rule 107].
6101.8  Motions [Rule 108].
6101.9  Election of hearing or record submission [Rule 109].
6101.10  Conferences; conference memorandum; prehearing order; 
prehearing and presubmission briefs [Rule 110].
6101.11  Submission on the record without a hearing [Rule 111].
6101.12  Record of Board proceedings [Rule 112].
6101.13  [Reserved].
6101.14  [Reserved].
6101.15  General provisions governing discovery [Rule 115].
6101.16  Depositions [Rule 116].
6101.17  Interrogatories to parties; requests for admission; 
requests for production of documents [Rule 117].
6101.18  Sanctions and other proceedings [Rule 118].
6101.19  Hearings: scheduling; notice; unexcused absences [Rule 
119].
6101.20  Subpoenas [Rule 120].
6101.21  Hearing procedures [Rule 121].
6101.22  Admissibility and weight and evidence [Rule 122].
6101.23  Exhibits [Rule 123].
6101.24  Transcripts of proceedings; corrections [Rule 124].
6101.25  Briefs and memoranda of law [Rule 125].
6101.26  Consolidation; separate hearings; separate determination of 
liability [Rule 126].
6101.27  Stay of suspension of proceedings; dismissals in lieu of 
stay or suspension [Rule 127].
6101.28  Dismissals [Rule 128].
6101.29  Decisions: format; procedure [Rule 129].
6101.30  Full Board consideration [Rule 130].
6101.31  Clerical mistakes [Rule 131].
6101.32  Reconsideration; amendment of decisions; new hearings [Rule 
132].
6101.33  Relief from decision or order [Rule 133].
6101.34  Harmless error [Rule 134].
6101.35  Award of costs [Rule 135].
6101.36  Payment of Board awards [Rule 136].
6101.37  Record on review of a Board decision [Rule 137].
6101.38  Office of the Clerk of the Board [Rule 138].

[[Page 52350]]

6101.39  Seal of the Board [Rule 139].
6101.40  Forms [Rule 140].

Appendix--Forms Nos. 1-5.

Form 1--Notice of Appeal, GSA Form 2465.
Form 2--Notice of Appearance.
Form 3--Subpoena, GSA Form 9534.
Form 4--Government Certificate of Finality.
Form 5--Appellant/Applicant Certificate of Finality.

    Authority: 41 U.S.C. 601-613.


6101.0  Foreword.

    (a) The General Services Administration Board of Contract Appeals 
was established under the Contract Disputes Act of 1978, 41 U.S.C. 601-
613, as an independent tribunal to hear and decide contract disputes 
between government contractors and the General Services Administration 
(GSA) and other executive agencies of the United States.
    (b) As an agency board established under the Contract Disputes Act, 
the Board is required to ``provide to the fullest extent practicable, 
informal, expeditious and inexpensive resolution of disputes.'' 41 
U.S.C. 607(e). The rules in part 6101 represent the Board's concerted 
effort to be responsive to this charge in standard proceedings. In 
further response to this mandate, the Board also uses a variety of 
techniques intended to shorten and simplify, when appropriate, the 
proceedings normally used to resolve contract disputes. These 
techniques are described in part 6102.
    (c) As indicated in part 6102, the Board fully supports the use of 
alternative dispute resolution (ADR) in all appropriate cases. To 
encourage the prompt, expert, and inexpensive resolution of contract 
disputes as promoted by the Federal Acquisition Streamlining Act of 
1994, Public Law 103-355, 108 Stat. 3243, the Board will also make a 
Board Neutral available for an ADR proceeding, as described in 6102.4, 
either before or after the issuance of a decision by a contracting 
officer of any agency if a joint written request is submitted to the 
Office of the Clerk of the Board by the parties.
    (d) The Board also conducts proceedings as required under other 
laws. In all matters before it, the Board will act in accordance with 
this part and Part 6102 and applicable standards of conduct so that the 
integrity, impartiality, and independence of the Board are preserved.


6101.1  Scope of rules; definitions; construction; rulings and orders; 
and panels; situs [Rule 101].

    (a) Scope. The rules contained in this part and Part 6102 govern 
proceedings in all cases filed with the Board on or after October 7, 
1996, and all further proceedings in cases then pending, except to the 
extent that, in the opinion of the Board, their use in a particular 
case pending on the effective date would be infeasible or would work an 
injustice, in which event the former procedure applies. The Board will 
look to the rules in this part and Part 6102 for guidance in conducting 
other proceedings authorized by law.
    (b) Definitions--(1) Appeal; appellant. The term ``appeal'' means a 
contract dispute filed with the Board. The term ``appellant'' means as 
party filing an appeal.
    (2) Application; applicant. The term ``application'' means a 
submission to the Board of a request for award of costs, under the 
Equal Access to Justice Act, 5 U.S.C. 504, pursuant to 6101.35. The 
term ``applicant'' means a party filing an application.
    (3) Board judge; judge.  The term ``Board judge'' or ``judge'' 
means a member of the Board.
    (4) Case. The term ``case'' means an appeal, petition, or 
application.
    (5) Filing. (i) Any document, other than a notice of appeal or an 
application for award of costs, is filed when it is received by the 
Office of the Clerk of the Board during the Board's working hours. A 
notice of appeal or an application for award of costs is filed upon the 
earlier of:
    (A) Its receipt by the Office of the Clerk of the Board or
    (B) If mailed, the date on which it is mailed. A United States 
Postal Service postmark shall be prima facie evidence that the document 
with which it is associated was mailed on the date thereof.
    (ii) Facsimile transmissions to the Board and the parties are 
permitted. Parties are expected to submit their facsimile machine 
numbers with their filings. The Board's facsimile machine number is: 
(202) 501-0664. The filing of a document by facsimile transmission 
occurs upon receipt by the Board of the entire printed submission. 
Parties are specfically cautioned that deadlines for the filing of 
cases will not be extended merely because the Board's facsimile machine 
is busy or otherwise unavailable at the time on which the filing is 
due.
    (6) Party. The term ``party'' means an appeallant, applicant, 
petitioner, or respondent.
    (7) Petition; petitioner.  The term ``petition'' means a request 
filed under 41 U.S.C. 605(c)(4) that the Board direct a contracting 
officer to issue a written decision on a claim. The term ``petitioner'' 
means a party submitting a petition.
    (8) Respondent. The term ``respondent'' means the Government agency 
whose decision, action, or inaction is the subject of an appeal, 
petition, or appplication.
    (9) Working day. The term ``working day'' means any date other than 
a Saturday, Sunday, or federal holiday.
    (10) Working hours. The Board's working hours are 8:00 a.m. to 4:30 
p.m., Eastern Time, on each working day.
    (c) Construction. The rules in this part and part 6102 shall be 
construed to secure the just, speedy, and inexpensive resolution of 
every case. The Board looks to the Federal Rules of Civil Procedure for 
guidance in construing those Board rules which are similar to Federal 
Rules.
    (d) Rulings, orders, and directions. The Board may apply the rules 
in this part and part 6102 and make such rulings and issue such orders 
and directions as are necessary to secure the just, speedy, and 
inexpensive resolution of every case before the Board. Any ruling, 
order, or direction that the Board may make or issue pursuant to the 
rules in this part and part 6102 may be made on the motion or request 
of any party or on the initiative of the Board. The Board may also 
amend, alter, or vacate a ruling, order, or direction upon such terms 
as are just. In making rulings and issuing orders and directions 
pursuant to the rules in this part and part 6102, the Board takes into 
consideration those Federal Rules of Civil Procedure which address 
matters not specifically covered in this part and part 6102.
    (e) Panels. Each case will be assigned to a panel consisting of 
three judges, with one member designated as the panel chairman, in 
accordance with such procedures as may be established by the Board. The 
panel chairman is responsible for processing the case, including 
scheduling and conducting proceedings and hearings. In addition, the 
panel chairman may, without participation by other panel members, 
decide an appeal under the small claims procedure (6102.2), rule on 
nondispositive motions (except for amounts in controversy under 
6102.2(a)(2)), and dismiss a case if no party objects (6101.28(c)). All 
other matters, except for those before the full Board under 6101.30, 
are decided for the Board by a majority of the panel.
    (f) Situs. The address of the Office of the Clerk of the Board is: 
Room 7022, General Services Administration Building, 18th and F 
Streets, NW., Washington, DC 20405. The Clerk's telephone number is: 
(202) 501-0116. The Clerk's facsimile machine number is (702) 501-0664.

[[Page 52351]]

6101.2  Time: enlargement; computation [Rule 102].

    (a) Time for performing required actions. All time limitations 
prescribed in the rules in this part and part 6102 or in any order or 
direction given by the Board are maximums, and the action required 
should be accomplished in less time whenever possible.
    (b) Enlarging time. Upon request of a party for good cause shown, 
the Board may enlarge any time prescribed by the rules in this part and 
part 6102 or by an order or direction of the Board. The exception is 
the time limit for filing appeals (6101.5(b)(1)). A written request is 
required, but in exigent circumstances an oral request may be made and 
followed by a written request. An enlargement of time may be granted 
even through the request was filed after the time for taking the 
required action expired, but the party requesting the enlargement must 
show good cause for its inability to make the request before that time 
expired.
    (c) Computing time. Except as otherwise required by law, in 
computing a period of time prescribed by the rules in this part and 
part 6102 or by order of the Board, the day from which the designated 
period of time begins to run shall not counted, but the last day of the 
period shall be counted unless that day is (1) a Saturday, a Sunday, or 
a federal holiday, or (2) a day on which the Office of the Clerk of the 
Board is required to close earlier than 4:30 p.m., or does not open at 
all, as in the case of inclement weather, in which event the period 
shall include the next working day. Except as otherwise provided in 
this paragraph, when the period of time prescribed or allowed is less 
than 11 days, any intervening Saturday, Sunday, or federal holiday 
shall not be counted. When the period of time prescribed or allowed is 
11 days or more, intervening Saturdays, Sundays, and federal holidays 
shall be counted. Time for filing any document or copy thereof with the 
Board expires when the Office of the Clerk of the Board closes on the 
last day on which such filing may be made.


6101.3  Service of papers [Rule 103].

    (a) On whom and when service must be made. When a party sends a 
document to the Board it must at the same time send a copy to the other 
party by mail or some other equally or more expeditious means of 
transmittal. Subpoenas (6101.20) and documents filed in camera 
(6101.12(h)) are exceptions to this requirement. Any papers required to 
be served on a party (except requests for discovery and responses 
thereto, unless ordered by the Board to be filed) shall be filed with 
the Board before service or within a reasonable time thereafter.
    (b) Proof of service. Except when service is not required, a party 
sending a document to the Board must indicate to the Board that a copy 
has also been sent to the other party. This may be done by certificate 
of service, by the notation of a photostatic copy (cc:), or by any 
other means that can reasonably be expected to indicate to the Board 
that the other party has been provided a copy.
    (c) Failure to make service. If a document sent to the Board by a 
party does not indicate that a copy has been served on the other party, 
the Board may return the document to the party that submitted it with 
such directions as it considers appropriate, or the Board may inquire 
whether a party has received a copy and note on the record the fact of 
inquiry and the response, and may also direct the party that submitted 
the document to serve a copy on the other party. In the absence of 
proof of service a document may be treated by the Board as not properly 
filed.


6101.4  Appeal file [Rule 104].

    (a) Submission to the Board by the contracting officer. (1) Within 
30 calendar days from receipt of notice that an appeal has been filed, 
or within such time as the Board may allow, the contracting officer 
shall file with the Board appeal file exhibits consisting of all 
documents and other tangible things relevant to the claim and to the 
contracting officer's decision which has been appealed, including:
    (i) The contracting officer's decision, if any, from which the 
appeal is taken;
    (ii) The contract, if any, including amendments, specifications, 
plans, and drawings;
    (iii) All correspondence between the parties that is relevant to 
the appeal, including the written claim or claims that are the subject 
of the appeal, and evidence of their certification, if any;
    (iv) Affidavits or statements of any witnesses on the matter in 
dispute and transcripts of any testimony taken before the filing of the 
notice of appeal;
    (v) All documents and other tangible things on which the 
contracting officer relied in making the decision, and any 
correspondence relating thereto;
    (vi) The abstract of bids, if relevant; and
    (vii) Any additional existing evidence or information deemed 
necessary to determine the merits of the appeal.
    (2) The contracting officer shall serve a copy of the appeal file 
on the appellant at the same time that the contracting officer files it 
with the Board, except that
    (i) The contracting officer need not serve on the appellant those 
documents furnished the Board in camera pursuant to 6101.12(h), and
    (ii) The contracting officer shall serve documents submitted under 
protective order only on those individuals who have been granted access 
to such documents by the Board. However, the contracting officer must 
serve on the appellant a list identifying the specific documents filed 
in camera or under protective order with the Board, giving sufficient 
details necessary for their recognition. This list must also be filed 
with the Board as an exhibit to the appeal file.
    (b) Submission to the Board by the appellant. Within 30 calendar 
days after filing of the respondent's appeal file exhibits, or within 
such time as the Board may allow, the appellant shall file with the 
Board for inclusion in the appeal file documents or other tangible 
things relevant to the appeal that have not been submitted by the 
contracting officer. The appellant shall serve a copy of its additional 
exhibits upon the respondent at the same time as it files them with the 
Board.
    (c) Submissions on order of the Board. The Board may, at any time 
during the pendency of the appeal, require any party to file other 
documents and tangible things as additional exhibits.
    (d) Organization of the appeal file. Appeal file exhibits may be 
originals or true, legible, and complete copies. They shall be arranged 
in chronological order within each submission, earliest documents 
first; bound in a loose-leaf binder on the left margin except where 
size or shape makes such binding impracticable; numbered; tabbed; and 
indexed. The numbering shall be consecutive, in whole arabic numerals 
(no letters, decimals, or fractions), and continuous from one 
submission to the next, so that the complete file, after all 
submissions, will consist of one set of consecutively numbered 
exhibits. In addition, the pages within each exhibit shall be numbered 
consecutively unless the exhibit already is paginated in a logical 
manner. Consecutive pagination of the entire file is not required. The 
index should include the date and a brief description of each exhibit 
and shall indicate which exhibits, if any, have been filed with the 
Board in camera or under protective order or otherwise have not been 
served on every other party.
    (e) Lengthy or bulky materials. The Board may waive the requirement 
to furnish other parties copies or duplicates of bulky, lengthy, or 
outsized

[[Page 52352]]

materials submitted to the Board as exhibits.
    (f) Use of appeal file as evidence. All exhibits in the appeal 
file, except for those as to which an objection has been sustained, are 
part of the record upon which the Board will render its decision. 
Unless otherwise ordered by the Board, objection to any exhibit may be 
made at any time before the first witness is sworn or, if the appeal is 
submitted on the record pursuant to 6101.11, at any time prior to or 
concurrent with the first record submission. The Board may enlarge the 
time for such objections and will consider an objection made during a 
hearing if the ground for objection could not reasonably have been 
earlier known to the objecting party. If an objection is sustained, the 
Board will so note in the record.
    (g) When appeal file not required. Upon motion of a party, the 
Board may postpone or dispense with the submission of any or all appeal 
file exhibits.


6101.5  Filing cases; time limits for filing; docketing [Rule 105].

    (a) Filing cases. Filing of a case occurs as provided in 
6101.1(b)(5).
    (1) Notice of appeal. (i) A notice of appeal shall be in writing 
and should be signed by the appellant or by the appellant's attorney or 
authorized representative. If the appeal is from a contracting 
officer's decision, the notice of appeal should describe the decision 
in enough detail to enable the Board to differentiate that decision 
from any other; the appellant can satisfy this requirement by attaching 
to the notice of appeal a copy of the contracting officer's decision. 
If an appeal is taken from the failure of a contracting officer to 
issue a decision, the notice of appeal should describe in detail the 
claim that the contracting officer has failed to decide; the appellant 
can satisfy this requirement by attaching a copy of the written claim 
submission to the notice of appeal.
    (ii) A written notice in any form, including the one specified in 
the appendix to this part and part 6102, is sufficient to initiate an 
appeal. The notice of appeal should include the following information:
    (A) The number and date of the contract;
    (B) The name of the agency and the component thereof against which 
the claim has been asserted;
    (C) The name of the contracting officer whose decision or failure 
to decide is appealed and the date of the decision, if any;
    (D) A brief account of the circumstances giving rise to the appeal; 
and
    (E) An estimate of the amount of money in controversy, if any and 
if known.
    (iii) The appellant must send a copy of the notice of appeal to the 
contracting officer whose decision is appealed or, if there has been no 
decision, to the contracting officer before whom the appellant's claim 
is pending.
    (2) Petition. (i) A petition shall be in writing and signed by the 
petitioner or by the petitioner's attorney or authorized 
representative. The petition should describe in detail the claim that 
the contracting officer has failed to decide; the contractor can 
satisfy this requirement by attaching to the petition a copy of the 
written claim submission.
    (ii) The petition should include the following information:
    (A) The number and date of the contract;
    (B) The name of the agency and the component thereof against which 
the claim has been asserted; and
    (C) The name of the contracting officer whose decision is sought.
    (3) Application. An application for costs shall meet all 
requirements specified in 6101.35(c).
    (4) Other participation. The Board may, on motion, in its 
discretion, permit an entity to participate in a case in a special or 
limited way, such as by filing an amicus curiae brief.
    (b) Time limits for filing--(1) Appeals. (i) An appeal from a 
decision of a contracting officer shall be filed no later than 90 
calendar days after the date the appellant receives that decision.
    (ii) An appeal may be filed with the Board should the contracting 
officer fail or refuse to issue a timely decision on a claim submitted 
in writing, properly certified if required.
    (2) Applications. An application for costs shall be filed within 30 
calendar days of a final disposition in the under-lying appeal, as 
provided in 6101.35(b).
    (c) Notice of docketing. Notices of appeal, petitions, and 
applications will be docketed by the Office of the Clerk of the Board, 
and a written notice of docketing will be sent promptly to all parties.


6101.6  Appearances; notice of appearance [Rule 106].

    (a) Appearances before the Board--(1) Appellant; petitioner; 
applicant. Any appellant, petitioner, or applicant may appear before 
the Board by an attorney-at-law licensed to practice in a state, 
commonwealth, or territory of the United States, or in the District of 
Columbia. An individual appellant, petitioner, or applicant may appear 
in his own behalf; a corporation, trust, or association may appear by 
one of its officers or by any other authorized employee; and a 
partnership may appear by one of its members or by any other authorized 
employee.
    (2) Respondent. The respondent may appear before the Board by an 
attorney-at-law licensed to practice in a state, commonwealth, or 
territory of the United States, or in the District of Columbia. 
Alternatively, if not prohibited by agency regulation or otherwise, the 
respondent may appear by the contracting officer or by the contracting 
officer's authorized representative.
    (b) Notice of appearance. Unless a notice of appearance is filed by 
some other person, the person signing the notice of appeal, petition, 
or application shall be deemed to have appeared on behalf of the 
appellant, petitioner, or applicant, and the head of the respondent 
agency's litigation office shall be deemed to have appeared on behalf 
of the respondent. A notice of appearance in the form specified in the 
appendix to this part and Part 6102 is sufficient. Attorneys 
representing parties before the Board are required to list the state 
bars to which they are admitted and their state bar numbers or other 
bar identifiers.
    (c) Withdrawal of appearance. Any person who has filed a notice of 
appearance and who wishes to withdraw from a case must file a motion 
which includes the name, address, telephone number, and facsimile 
machine number of the person who will assume responsibility for 
representation of the party in question. The motion shall state the 
grounds for withdrawal unless it is accompanied by a representation 
from the successor representative or existing co-counsel that the 
established case schedule will be met.


6101.7  Pleadings in appeals [Rule 107].

    (a) Pleadings required and permitted. Except as the Board may 
otherwise order, the Board requires the submission of a complaint and 
an answer. In appropriate circumstances, the Board may order or permit 
a reply to an answer.
    (b) Complaint. No later than 30 calendar days after the docketing 
of the appeal, the appellant shall file with the Board a complaint 
setting forth its claim or claims in simple, concise, and direct terms. 
The complaint should set forth the factual basis of the claim or 
claims, with appropriate reference to the contract provisions, and 
should state the amount in controversy, or an estimate

[[Page 52353]]

thereof, if any and if known. No particular form is prescribed for a 
complaint, and the Board may designate the notice of appeal, a claim 
submission, or any other document as the complaint, either on its own 
initiative or on request of the appellant, if such document 
sufficiently states the factual basis and amount of the claim.
    (c) Answer. No later than 30 calendar days after the filing of the 
complaint or of the Board's designation of a complaint, the respondent 
shall file with the Board an answer setting forth simple, concise, and 
direct statements of its defenses to the claim or claims asserted in 
the complaint, as well as any affirmative defenses it chooses to 
assert. A dispositive motion or a motion for a more definite statement 
may be filed in lieu of the answer only with the permission of the 
Board. If no answer is timely filed, the board may enter a general 
denial, in which case the respondent may thereafter amend the answer to 
assert affirmative defenses only by leave of the Board and as otherwise 
prescribed by paragraph (f) of this section. The Board will inform the 
parties when it enters a general denial on behalf of the respondent.
    (d) Reply to an answer. If the Board orders or permits a reply to 
an answer, it shall be filed as directed by the Board.
    (e) Modifications to requirement for pleadings. If the appellant 
has elected the small claims procedure provided by 6102.2 or the 
accelerated procedure provided by 6102.3, the submission of pleadings 
shall be governed by the applicable section.
    (f) Amendment of pleadings. Each party to an appeal may amend its 
pleadings once without leave of the Board at any time before a 
responsive pleading is filed; if the pleading is one to which no 
responsive pleading is permitted, such amendment may be made at any 
time within 20 calendar days after it is served or, in small claims 
proceedings under 6102.2, within 10 working days after it is served. 
The Board may permit the parties to amend pleadings further on 
conditions fair to both parties. If a response to the unamended 
pleading was required by the rules in this part or by an order of the 
Board, a response to the amended pleading shall be filed no later than 
30 calendar days after the filing of the amended pleading or, in small 
claims proceedings, no later than 15 calendar days after the filing of 
the amended pleading. 6101.12(e) concerns amendments to pleadings to 
conform to the evidence.


6101.8  Motions [Rule 108].

    (a) How motions are made. Motions may be oral or written. A written 
motion shall indicate the relief sought and, either in the text of the 
motion or in an accompanying legal memorandum, the grounds therefor. In 
addition, a motion for summary relief shall comply with the 
requirements of paragraph (g) of this section. 6101.25 prescribes the 
form and content of legal memoranda. Oral motions shall be made on the 
record and in the presence of the other party.
    (b) When motions may be made. A motion filed in lieu of an answer 
pursuant to 6101.7(c) shall be filed no later than the date on which 
the answer is required to be filed or such later date as may be 
established by the Board. Any other dispositive motion shall be made as 
soon as practicable after the grounds therefor are known. Any other 
motion shall be made promptly or as required by this part.
    (c) Dispositive motions. The following dispositive motions may 
properly be made before the Board:
    (1) Motions to dismiss for lack of jurisdiction or for failure to 
state a claim upon which relief can be granted;
    (2) Motions to dismiss for failure to prosecute;
    (3) Motions for summary relief (analogous to summary judgment); and
    (4) Any other motion to dismiss.
    (d) Other motions. Other motions may be made in good faith and in 
proper form.
    (e) Jurisdictional questions. The Board may at any time consider 
the issue of its jurisdiction to decide a case. When all facts touching 
upon the Board's jurisdiction are not to record, or in other 
appropriate circumstances, a decision on a jurisdictional question may 
be deferred pending a hearing on the merits or the filing of record 
submissions.
    (f) Procedure. Unless otherwise directed by the Board, a party may 
respond to a written motion other than a motion pursuant to 6101.30, 
6101.31, 6101.32, or 6101.33 at any time within 20 calendar days after 
the filing of the motion. Responses to motions pursuant to 6101.30, 
6101.31, 6101.32, or 6101.33 may be made only as permitted or directed 
by the Board. The Board may permit hearing or oral argument on written 
motions and may require additional submissions from any of the parties.
    (g) Motions for summary relief. (1) A motion for summary relief 
should be filed only when a party believes that, based upon uncontested 
material facts, it is entitled to relief in whole or in part as a 
matter of law. A motion for summary relief should be filed as soon as 
feasible, to allow the Board to rule on the motion in advance of a 
scheduled hearing date.
    (2) With each motion for summary relief, there shall be served and 
filed a separate document titled Statement of Uncontested Facts, which 
shall contain in separately numbered paragraphs all of the material 
facts upon which the moving party bases its motion and as to which it 
contends there is no genuine issue. This statement shall include 
references to the supporting affidavits or declarations and documents, 
if any, and to the 6101.4 appeal file exhibits relied upon to support 
such statement.
    (3) An opposing party shall file with its opposition (or cross-
motion) a separate document titled Statement of Genuine Issues. This 
document shall identify, by reference to specific paragraph numbers in 
the moving party's Statement of Uncontested Facts, those facts as to 
which the opposing party claims there is a genuine issue necessary to 
be litigated. An opposing party shall state the precise nature of its 
disagreement and give its version of the facts. This statement shall 
include references to the supporting affidavits or declarations and 
documents, if any, and to the 6101.4 appeal file exhibits that 
demonstrate the existence of a genuine dispute. An opposing party may 
also file a Statement of Uncontested Facts as to any relevant matters 
not covered by the moving party's statement.
    (4) When a motion for summary relief is made and supported as 
provided in this section, an opposing party may not rest upon the mere 
allegations or denials of its pleadings, but the opposing party's 
response, by affidavits or as otherwise provided by this section, must 
set forth specific facts showing that there is a genuine issue of 
material fact. If the opposing party does not so respond, summary 
relief, if appropriate, shall be entered against that party. For good 
cause shown, if an opposing party cannot present facts essential to 
justify its opposition, the Board may defer ruling on the motion to 
permit affidavits to be obtained or depositions to be taken or other 
discovery to be conducted, or may made such other order as is just.
    (h) Effect of pending motion. Except as this part and part 6102 
provide or the Board may order, a pending motion shall not excuse the 
parties from proceeding with the case in accordance with this part and 
part 6102 and the orders and directions of the Board.


6101.9   Election of hearing or record submission [Rule 109].

    Each party shall inform the Board, in writing, whether it elects a 
hearing or submission of its case on the record

[[Page 52354]]

pursuant to 6101.11. Such an election may be filed at any time unless a 
time for filing is prescribed by the Board. A party electing to submit 
its case on the record pursuant to 6101.11 may also elect to appear at 
a hearing solely to cross-examine any witness presented by the opposing 
party, provided that the Board is informed of that party's intention 
within 10 working days of its receipt of notice of the election of 
hearing by the other party. If a hearing is elected, the election 
should state where and when the electing party desires the hearing to 
be held and should explain the reasons for its choices. A hearing will 
be held if either party elects one. If a party's decision whether to 
elect a hearing is dependent upon the intentions of the other party, it 
shall consult with the other party before filing its election. If there 
is to be a hearing, it will be held at a time and place prescribed by 
the Board after consultation with the party or parties electing the 
hearing. The record submissions from a party that has elected to submit 
its case on the record shall be due as provided in 6101.11.


6101.10   Conferences; conference memorandum; prehearing order; 
prehearing and presubmission briefs [Rule 110].

    (a) Conferences. The Board may convene the parties in conference, 
either by telephone or in person, for any purpose. The conference may 
be stenographically or electronically recorded, at the discretion of 
the Board. Matters to be considered and actions to be taken at a 
conference may include:
    (1) Simplifying, clarifying, or severing the issues;
    (2) Stipulations, admissions, agreements, and rulings to govern the 
admissibility of evidence, understandings on matters already of record, 
or other similar means of avoiding unnecessary proof;
    (3) Plans, schedules, and rulings to facilitate discovery;
    (4) Limiting the number of witnesses and other means of avoiding 
cumulative evidence;
    (5) Stipulations or agreements disposing of matters in dispute; or
    (6) Ways to expedite disposition of the case or to facilitate 
settlement of the dispute, including, if the parties and the Board 
agree, the use of alternative dispute resolution techniques, as 
provided in 6102.1 and 6102.4.
    (b) Conference memorandum. The Board may prepare a memorandum of 
the results of a conference or issue an order reflecting any actions 
taken, or both. A memorandum or order so issued shall be placed in the 
record of the case and sent to each party. Each party shall have 5 
working days after receipt of a memorandum to object to the substance 
of it.
    (c) Prehearing order. The Board may issue a prehearing or 
presubmission order to govern the proceedings in a case.
    (d) Prehearing or presubmission briefs. A party may, by leave of 
the Board, file a prehearing or presubmission brief at any time before 
the hearing or upon or before the date on which first record 
submissions are due.


6101.11  Submission on the record without a hearing [Rule 111].

    (a) Submission on the record. (1) A party may elect to submit its 
case on the record without a hearing. A party submitting its case on 
the record may include in its written record submission or submissions:
    (i) Any relevant documents or other tangible things it wishes the 
Board to admit into evidence;
    (ii) Affidavits, depositions, and other discovery materials that 
set forth relevant evidence; and
    (iii) A brief or memorandum of law.
    (2) The Board may require the submission of additional evidence or 
briefs and may order oral argument in a case submitted on the record.
    (b) Time for submission. (1) If both parties have elected to submit 
the case on the record, the Board will issue an order prescribing the 
time for initial and, if appropriate, reply record submissions.
    (2) If one party has elected a hearing and the other party has 
elected to submit its case on the record, the party submitting on the 
record shall make its initial submission no later than the commencement 
of the hearing or at an earlier date if the Board so orders, and a 
further submission in the form of a brief at the time for submission of 
posthearing briefs.
    (c) Objections to evidence. Unless otherwise directed by the Board, 
objections to evidence (other than the appeal file and supplements 
thereto) in a record submission may be made within 10 working days 
after the filing of the submission. Replies to such objections, if any, 
may be made within 10 working days after the filing of the objection. 
The Board may rule on such objections in its opinion deciding the 
merits or otherwise disposing of the case.


6101.12  Record of Board proceedings [Rule 112].

    (a) Composition of the record for decision. (1) The record upon 
which any decision of the Board will be rendered consists of:
    (i) The notice of appeal, petition, or application;
    (ii) Appeal file exhibits other than those as to which objection 
has been sustained;
    (iii) Hearing exhibits other than those as to which an objection 
has been sustained;
    (iv) Pleadings;
    (v) Motions and responses thereto;
    (vi) Memoranda, orders, rulings, and directions to the parties 
issued by the Board;
    (vii) Documents and other tangible things admitted in evidence by 
the Board;
    (viii) Written transcripts or electronic recordings of proceedings;
    (ix) Stipulations and admissions by the parties;
    (x) Depositions, or parts thereof, received in evidence;
    (xi) Written interrogatories and responses received in evidence;
    (xii) Briefs and memoranda of law; and
    (xiii) Anything else that the Board may designate.
    (2) All other papers and documents in a case are part of the 
administrative record of the proceedings. The administrative record 
shall include file and hearing exhibits offered but not received in 
evidence in a case; it may also include correspondence with and between 
the parties, and depositions, interrogatories, offers of proof 
contained in the transcript, and other documents that are not part of 
the record for decision.
    (b) Time for entry into the record. Except as the Board may 
otherwise order, nothing other than posthearing briefs will be received 
into the record after a hearing is completed. In cases submitted on the 
record without a hearing, nothing will be received into the record 
after the time for filing of the last record submission. Briefs will be 
due as provided in 6101.25(b).
    (c) Closing of the record. Except as the Board may otherwise order, 
no proof shall be received in evidence after a hearing is completed or, 
in cases submitted on the record without a hearing, after notice by the 
Board to the parties that the record is closed and that the case is 
ready for decision.
    (d) Notice that the case is ready for decision. The Board will give 
written notice to the parties when the record is closed and the case is 
ready for decision.
    (e) Amendments to conform to the evidence. When issues within the 
proper scope of a case, but not raised in the pleadings, have been 
raised without objection or with permission of the Board at a hearing 
(see 6101.21(h)) or in

[[Page 52355]]

record submissions, they shall be treated in all respects as if they 
had been raised in the pleadings. The Board may formally amend the 
pleadings to conform to the proof or may order that the record be 
deemed to contain pleadings so amended.
    (f) Enlargement of the record. The Board may at any time require or 
permit enlargement of the record with additional evidence and briefs. 
It may reopen the record to receive additional evidence and oral 
argument at a hearing.
    (g) Inspection of the record of proceedings; release of any paper, 
document, or tangible thing prohibited. Except for any part thereof 
that is subject to a protective order or deemed an in camera 
submission, the record of proceedings in a case shall be made available 
for inspection by any person. Such record shall be made available at 
the Office of the Clerk of the Board during the Board's normal working 
hours, as soon as practicable given the demands on the Board of 
processing the subject case and other cases. Except as provided in 
6101.23(c) and 6101.37(d), no paper, document, or tangible thing which 
is part of the record of proceedings in a case may be released from the 
offices of the Board. Copies may be obtained by any person as provided 
in 6101.38(d). If such inspection or copying involves more than minimal 
costs to the Board, reimbursement will be required.
    (h) Protected and in camera submissions. (1) A party may by motion 
request that the Board receive and hold materials under conditions that 
would limit access to them on the ground that such documents are 
privileged or confidential, or sensitive in some other way. The moving 
party must state the grounds for such limited access. The board may 
also determine on its own initiative to hold materials under such 
conditions. The manner in which such materials will be held, the 
persons who shall have access to them, and the conditions (if any) 
under which such access will be allowed will be specified in an order 
of the Board. If the materials are held under such an order, they will 
be part of the record of the case. If the Board denies the motion, the 
materials may be returned to the party that submitted them. If the 
moving party asks, however, that the materials be placed in the 
administrative record, in camera, for the purpose of possible later 
review of the Board's denial, the Board will comply with the request.
    (2) A party may also ask, or the Board may direct, that testimony 
be received under protective order or in camera. The procedures under 
paragraph (h)(1) of this section shall be followed with respect to such 
request or direction.


6101.13  [Reserved].


6101.14  [Reserved].


6101.15  General provisions governing discovery [Rule 115].

    (a) Discovery methods. The parties may obtain discovery by one or 
more of the following methods:
    (1) Depositions upon oral examination or written questions;
    (2) Written interrogatories;
    (3) Requests for production of documents or other tangible things; 
and
    (4) Requests for admission.
    (b) Scope of discovery. Except as otherwise limited by order of the 
Board in accordance with this part and part 6102, the parties may 
obtain discovery regarding any matter, not privileged, which is 
relevant to the subject matter involved in the pending case, whether it 
relates to the claim or defense of a party, including the existence, 
description, nature, custody, condition, and location of any books, 
documents, or other tangible things, and the identity and location of 
persons having knowledge of any discoverable matter. It is not a ground 
for objection that the information sought will be inadmissible if the 
information sought appears reasonably calculated to lead to the 
discovery of admissible evidence.
    (c) Discovery limits. The Board may limit the frequency or extent 
of use of the discovery methods set forth in this section if it 
determines that:
    (1) The discovery sought is unreasonably cumulative or duplicative, 
or is obtainable from some other source that is more convenient, less 
burdensome, or less expensive;
    (2) The party seeking discovery has had ample opportunity by 
discovery in the case to obtain the information sought; or
    (3) The discovery is unduly burdensome and expensive, taking into 
account the needs of the case, the amount in controversy, limitations 
on the parties' resources, and the importance of the issues at stake.
    (d) Conduct of discovery. Parties may engage in discovery only to 
the extent the Board enters an order which either incorporates an 
agreed plan and schedule acceptable to the Board or otherwise permits 
such discovery as the moving party can demonstrate is required for the 
expeditious, fair, and reasonable resolution of the case.
    (e) Discovery conference. Upon request of a party or on its own 
initiative, the Board may at any time hold an informal meeting or 
telephone conference with the parties to identify the issues for 
discovery purposes; establish a plan and schedule for discovery; set 
limitations on discovery, if any; and determine such other matters as 
are necessary for the proper management of discovery. The Board may 
include in the conference such other matters as it deems appropriate in 
accordance with 6101.10.
    (f) Discovery objections. (1) In connection with any discovery 
procedure, the Board, on motion or on its own initiative, may make any 
order which justice requires to protect a party or person from 
annoyance, embarrassment, oppression, or undue burden or expense, 
including, but not limited to, one or more of the following:
    (i) That the discovery not be had;
    (ii) That the discovery be had only on specified terms and 
conditions, including a designation of the time and place, or that the 
scope of discovery be limited to certain matters;
    (iii) That the discovery be conducted with no one present except 
persons designated by the Board; and
    (iv) That confidential information not be disclosed or that it be 
disclosed only in a designated way.
    (2) Unless otherwise ordered by the Board, any objection to a 
discovery request must be filed within 15 calendar days after receipt. 
A party shall fully respond to any discovery request to which it does 
not file a timely objection. The parties are required to make a good 
faith effort to resolve objections to discovery requests informally.
    (3) A party receiving an objection to a discovery request, or a 
party which believes that another party's response to a discovery 
request is incomplete or entirely absent, may file a motion to compel a 
response, but such a motion must include a representation that the 
moving party has tried in good faith, prior to filing the motion, to 
resolve the matter informally. The motion to compel shall include a 
copy of each discovery request at issue and the response, if any.
    (g) Failure to make or cooperate in discovery; sanctions. If a 
party fails
    (i) To appear for a deposition, after being served with a proper 
notice;
    (ii) To serve answers or objections to interrogatories submitted 
under 6101.17, after proper service of interrogatories; or
    (iii) To serve a written response to a request for inspection, 
production, and copying of any documents and things under 6101.17, the 
party seeking discovery may move the Board to impose appropriate 
sanctions under 6101.18.
    (h) Subpoenas. A party may request the issuance of a subpoena in 
aid of

[[Page 52356]]

discovery under the provision of 6101.20.


6101.16  Depositions [Rule 116].

    (a) When depositions may be taken. Upon request of a party, the 
Board may order the taking of testimony of any person by deposition 
upon oral examination or written questions before an officer authorized 
to administer oaths at the place of examination. Attendance of 
witnesses may be compelled by subpoena as provided in 6101.20, and the 
Board may upon motion order that the testimony at a deposition be 
recorded by other than stenographic means, in which event the order may 
designate the manner of recording, preserving, and filing the 
deposition and may include other provisions to ensure that the recorded 
testimony will be accurate and trustworthy. If the order is made, a 
party may, nevertheless, arrange to have a stenographic transcription 
made at its own expense.
    (b) Depositions: time; place; manner of taking. The time, place, 
and manner of taking depositions, including the taking of depositions 
by telephone, shall be as agreed upon by the parties or, failing such 
agreement, as ordered by the Board. A deposition taken by telephone is 
taken at the place where the deponent is to answer questions.
    (c) Use of depositions. At a hearing on the merits or upon a motion 
or interlocutory proceeding, any part or all of a deposition, so far as 
admissible and as though the witness were then present and testifying, 
may be used against a party who was present or represented at the 
taking of the deposition or who had reasonable notice thereof, in 
accordance with any of the following provisions:
    (1) Any deposition may be used by a party for the purpose of 
contradicting or impeaching the testimony of the deponent as a witness.
    (2) The deposition of a party or of anyone who at the time of 
taking the deposition was an officer, director, or managing agent, or a 
person designated to testify on behalf of a public or private 
corporation, partnership or association, or governmental agency which 
is a party may be used by an adverse party for any purpose.
    (3) The deposition of a witness, whether or not a party, may be 
used by a party for any purpose in its own behalf if the Board finds 
that:
    (i) The witness is dead;
    (ii) The attendance of the witness at the place of hearing cannot 
be reasonably obtained, unless it appears that the absence of the 
witness was procured by the party offering the deposition;
    (iii) The witness is unable to attend or testify because of 
illness, infirmity, age, or imprisonment;
    (iv) The party offering the deposition has been unable to procure 
the attendance of the witness by subpoena; or
    (v) Upon request and notice, exceptional circumstances exist which 
make it desirable in the interest of justice and with due regard to the 
importance of presenting the testimony of witnesses orally in open 
hearing, to allow the deposition to be used.
    (4) If only part of a deposition is offered in evidence by a party, 
an adverse party may require the offering party to introduce any other 
part which in fairness ought to be considered with the part introduced.
    (d) Depositions pending appeal from a decision of the Board.
    (1) If an appeal has been taken from a decision of the Board, or 
before the taking of an appeal if the time therefor has not expired, 
the Board may allow the taking of depositions of witnesses to 
perpetuate their testimony for use in the event of further proceedings 
before the Board. In such case, the party that desires to perpetuate 
testimony may make a motion before the Board for leave to take the 
depositions as if the action were pending before the Board. The motion 
shall show:
    (i) The names and addresses of the persons to be examined and the 
substance of the testimony which the moving party expects to elicit 
from each; and
    (ii) The reasons for perpetuating the testimony of the persons 
named.
    (2) If the Board finds that the perpetuation of testimony is proper 
to avoid a failure or a delay of justice, it may order the depositions 
to be taken and may make orders of the character provided for in 
6101.15 and in this section. Thereupon, the depositions may be taken 
and used as prescribed in this part for depositions taken in actions 
pending before the Board. Upon request and for good cause shown, a 
judge may issue or obtain a subpoena, in accordance with 6101.20, for 
the purpose of perpetuating testimony by deposition during the pendency 
of an appeal from a Board decision.


6101.17  Interrogatories to parties; requests for admission; requests 
for production of documents [Rule 117].

    Upon order from the Board permitting such discovery, a party may 
serve on another party written interrogatories, requests for admission, 
and requests for production of documents.
    (a) Written interrogatories. Written interrogatories shall be 
answered separately in writing, signed under oath or accompanied by a 
declaration under penalty of perjury, and answered within 30 calender 
days after service. Objections shall be filed within the time limits 
set forth in 6101.15(f)(2). An interrogatory otherwise proper is not 
necessarily objectionable merely because an answer to the interrogatory 
may involve an opinion or contention that relates to fact or the 
application of law to fact, but the Board may order that such an 
interrogatory need not be answered until after designated discovery has 
been completed or until a conference has been held, or some other event 
has occurred.
    (b) Option to produce business records. Where the answer to an 
interrogatory may be derived or ascertained from the business records 
of the party upon which the interrogatory has been served, or from an 
examination, audit, or inspection of such business records, including a 
compilation, abstract, or summary thereof, and the burden of deriving 
or ascertaining the answer is substantially the same for the party 
serving the interrogatory as for the party served, it is a sufficient 
answer to such interrogatory to specify the records from which the 
answer may be derived or ascertained and to afford to the party serving 
the interrogatory reasonable opportunity to examine, audit, or inspect 
such records and to make copies, compilations, abstracts, or summaries 
thereof. Such specification shall be in sufficient detail to permit the 
interrogating party to locate and to identify, as readily as can the 
party served, the records from which the answer may be ascertained.
    (c) Written requests for admission. A written request for the 
admission of the truth of any matter, within the proper scope of 
discovery, that relates to statements or opinions of fact or of the 
application of law to fact, including the genuineness of any documents, 
is to be answered in writing and signed within 30 calendar days after 
service. Objections shall be filed within the time limits set forth in 
6101.15(f)(2). Otherwise, the matter therein may be deemed to be 
admitted. Any matter admitted is conclusively established for the 
purpose of the pending action, unless the Board on motion permits 
withdrawal or amendment of the admission. Any admission made by a party 
under this paragraph is for the purpose of the pending action only and 
is not an admission for any other purpose, nor may it be used against 
the party in any other proceeding.
    (d) Written requests for production of documents. A written request 
for the

[[Page 52357]]

production, inspection, and copying of any documents and things shall 
be answered within 30 calendar days after service. Objections shall be 
filed within the time limits set forth in 6101.15(f)(2).
    (e) Change in time for response. Upon request of a party, or on its 
own initiative, the Board may prescribe a period of time other than 
that specified in this section.
    (f) Responses. A party that has responded to written 
interrogatories, requests for admission, or requests for production of 
documents, upon becoming aware of deficiencies or inaccuracies in its 
original responses, or upon acquiring additional information or 
additional documents relevant thereto, shall, as quickly as 
practicable, and as often as necessary, supplement its responses to the 
requesting party with correct and sufficient additional information and 
such additional documents as are necessary to give a complete and 
accurate response to the request.


6101.18  Sanctions and other proceedings [Rule 118].

    (a) Standards. All parties and their representatives, attorneys, 
and any expert/consultant retained by them or their attorneys, must 
obey directions and orders prescribed by the Board and adhere to 
standards of conduct applicable to such parties and persons. As to an 
attorney, the standards include the rules of professional conduct and 
ethics of the jurisdictions in which an attorney is licensed to 
practice, to the extent that those rules are relevant to conduct 
affecting the integrity of the Board, its process, and its proceedings. 
The Board will also look to voluntary professional guidelines in 
evaluating an individual's conduct.
    (b) Sanctions. When a party or its representative or attorney or 
any expert/consultant fails to comply with any direction or order 
issued by the Board (including an order to provide or permit 
discovery), or engages in misconduct affecting the Board, its process, 
or its proceedings, the Board may make such orders as are just, 
including the imposition of appropriate sanctions. The sanctions 
include:
    (1) Taking the facts pertaining to the matter in dispute to be 
established for the purpose of the case in accordance with the 
contention of the party submitting the discovery request;
    (2) Forbidding challenge of the accuracy of any evidence;
    (3) Refusing to allow the disobedient party to support or oppose 
designated claims or defenses;
    (4) Prohibiting the disobedient party from introducing in evidence 
designated documents or items of testimony;
    (5) Striking pleadings or parts thereof, or staying further 
proceedings until the order is obeyed;
    (6) Dismissing the case or any part thereof;
    (7) Enforcing the protective order and disciplining individuals 
subject to such other violation thereof, including disqualifying a 
party's representative, attorney, or expert/consultant from further 
participation in the case; or
    (8) Imposing such other sanctions as the Board deems appropriate.
    (c) Denial of access to protected material for prior violations of 
protective orders. The Board may in its discretion deny access to 
protected material to any person found to have previously violated the 
Board's protective order.
    (d) Disciplinary proceedings.--(1) In addition to the other 
procedures in this section, the Board may discipline individual party 
representatives, attorneys, and experts/consultants for a violation of 
any Board order or direction or standard of conduct applicable to such 
individual where the violation seriously affects the integrity of the 
Board's process or proceedings. Sanctions may be public or private, and 
may include admonishment, disqualification from a particular matter, 
referral to an appropriate licensing authority, or such other action as 
circumstances may warrant.
    (2) The Board in its discretion may suspend an individual from 
appearing before the Board as a party representative, attorney, or 
expert/consultant if, after affording such individual notice and an 
opportunity to be heard, a majority of the members of the full Board 
determines such a sanction is warranted.


6101.19  Hearings: scheduling; notice; unexcused absences [Rule 119].

    (a) Scheduling of hearings. Hearings will be held at the time and 
place ordered by the Board and will be scheduled at the discretion of 
the Board. In scheduling hearings, the Board will consider the 
requirements of this part and part 6102, the need for orderly 
management of the Board's caseload, and the stated desires of the 
parties as expressed in their elections filed pursuant to 6101.9 or 
otherwise. The time or place for hearing may be changed by the Board at 
any time.
    (b) Notice of hearing. Notice of hearing will be by written order 
of the Board. Notice of changes in the hearing schedule will also be by 
written order when practicable but may be oral in exigent 
circumstances. Except as the Board may otherwise order, each party that 
plans to attend the hearing shall, within 10 working days of receipt 
of:
    (1) A written notice of hearing or
    (2) Any notice of a change in hearing schedule stating that an 
acknowledgment is required, notify the Board in writing that it will 
attend the hearing.
    (c) Unexcused absence from hearing. In the event of the unexcused 
absence of a party from a hearing, the hearing will proceed, and the 
absent party will be deemed to have elected to submit its case on the 
record pursuant to 6101.11.


6101.20  Subpoenas [Rule 120].

    (a) Voluntary cooperation in lieu of subpoena. Each party is 
expected to:
    (1) Cooperate by making available witnesses and evidence under its 
control, when requested by another party, without issuance of a 
subpoena; and
    (2) Secure voluntary attendance of third-party witnesses and 
production of evidence by third parties, and when practicable, without 
issuance of a subpoena.
    (b) General. Upon the written request of any party filed with the 
Office of the Clerk of the Board, or on the initiative of a judge, a 
subpoena may be issued that commands the person to whom it is directed 
to:
    (1) Attend and give testimony at a deposition in a city or county 
where that person resides or is employed or transacts business in 
person, or at another location convenient to that person that is 
specifically determined by the Board;
    (2) Attend and give testimony at a hearing; and
    (3) Produce the books, papers, documents, and other tangible things 
designated in the subpoena.
    (c) Request for subpoena. A request for a subpoena shall state the 
reasonable scope and general relevance to the case of the testimony and 
of any documentary evidence sought. A request for a subpoena shall be 
filed at least 15 calendar days before the testimony of a witness or 
documentary evidence is to be provided. The Board may, in its 
discretion, honor requests for subpoenas not made within this time 
limitation.
    (d) Form; issuance. Every subpoena shall be in the form specified 
in the appendix to this part and part 6102. Unless a party has the 
approval of a judge to submit a subpoena in blank (in whole or in 
part), a party shall submit to the judge a completed subpoena (save the 
``Return on Service'' portion). In issuing a subpoena to a requesting 
party,

[[Page 52358]]

the judge shall sign the subpoena. The party to whom the subpoena is 
issued shall complete the subpoena before service.
    (2) If the person subpoenaed is located in a foreign country, a 
letter rotatory or a subpoena may be issued and served under the 
circumstances and in the manner provided in 28 U.S.C. 1781-1784.
    (e) Service. (1) The party requesting a subpoena shall arrange for 
service. Service shall be made as soon as practicable after the 
subpoena has been issued.
    (2) A subpoena requiring the attendance of a witness at a 
deposition or hearing may be served at any place. A subpoena may be 
served by a United States marshal or deputy marshal, or by any other 
person who is not a party and not less than 18 years of age. Service of 
a subpoena upon a person named therein shall be made by personal 
delivery of a copy to that person and tender of the fees for one day's 
attendance and the mileage allowed by 28 U.S.C. 1821 or other 
applicable law; however, where the subpoena is issued on behalf of the 
Government, money payments need not be tendered in advance of 
attendance.
    (f) Proof of service. The person serving the subpoena shall make 
proof of service thereof to the Board promptly and in any event before 
the date on which the person served must respond to the subpoena. Proof 
of service shall be made by completion and execution and submission to 
the Board of the ``Return on Service'' portion of a duplicate copy of 
the subpoena issued by a judge. If service is made by a person other 
than a United States marshal or his deputy, that person shall make an 
affidavit as proof by executing the ``Return on Service'' in the 
presence of a notary.
    (g) Motion to quash or to modify. Upon written motion by the person 
subpoenaed or by a party, made within 14 calendar days after service, 
but in any event not later than the time specified in the subpoena for 
compliance, the Board may
    (1) Quash or modify the subpoena if it is unreasonable and 
oppressive or for other good cause shown, or
    (2) Require the party in whose behalf the subpoena was issued to 
advance the reasonable cost of producing subpoenaed documentary 
evidence. Where circumstances require, the Board may act upon such a 
motion at any time after a copy has been served upon opposing parties.
    (h) Contumacy or refusal to obey a subpoena. In a case of contumacy 
or refusal to obey a subpoena by a person who resides, is found, or 
transacts business within the jurisdiction of a United States district 
court, the Board shall apply to the court through the Attorney General 
of the United States for an order requiring the person to appear before 
the board to give testimony, produce evidence or both. If a person 
fails to obey such an order, the court may punish that person for 
contempt of court.


6101.21  Hearing procedures [Rule 121].

    (a) Nature and conduct of hearings. Except when necessary to 
maintain the confidentiality of protected material or testimony, or 
material submitted in camera, all hearings on the merits of cases shall 
be open to the public and conducted insofar as is convenient in regular 
hearing rooms. All other acts or proceedings may be done or conducted 
by the Board either in its offices or at other places.
    (b) Continuances; change of location. Whenever practicable, a 
hearing will be conducted in one continuous session or a series of 
consecutive sessions at a single location. However, the Board may at 
any time continue the hearing to a future date and may arrange to 
conduct the hearing in more than one location. The Board may also 
continue a hearing to permit a party to conduct additional discovery on 
conditions established by the Board. In exercising its discretion to 
continue a hearing or to change its location, the Board will give due 
consideration to the same elements (set forth in 6101.19(a)) that it 
considers in scheduling hearings.
    (c) Availability of witnesses, documents, and other tangible 
things. It is the responsibility of a party desiring to call any 
witness, or to use any document or other tangible thing as an exhibit 
in the course of a hearing, to ensure that whoever it wishes to call 
and whatever it wishes to use is available at the hearing.
    (d) Enlargement of the record. The Board may at any time during the 
conduct of a hearing require evidence or argument in addition to that 
put forth by the parties.
    (e) Examination of witnesses. Witnesses before the Board will 
testify under oath or affirmation. A party or the Board may obtain an 
answer from any witness to any question that is not the subject of an 
objection that the Board sustains.
    (f) Refusal to be sworn. If a person called as a witness refuses to 
be sworn or to affirm before testifying, the Board may direct that 
witness to do so and, in the event of continued refusal, the Board may 
permit the taking of testimony without oath or affirmation. 
Alternatively, the Board may refuse to permit the examination of that 
witness, in which event it may state for the record the inferences it 
draws from the witness's refusal to testify under oath or affirmation. 
Alternatively, the Board may issue a subpoena to compel that witness to 
testify under oath or affirmation, and in the event of the witness's 
continued refusal to swear or affirm, may seek enforcement of that 
subpoena pursuant to 6101.20(h).
    (g) Refusal to answer. If a witness refuses to answer a question 
put to him in the course of his testimony, the Board may direct that 
witness to answer and, in the event of continued refusal, the Board may 
state for the record the inferences if draws from the refusal to 
answer. Alternatively, the Board may issue a subpoena to compel that 
witness to testify and, in the event of the witness's continued refusal 
to testify, may seek enforcement of that subpoena pursuant to 
6101.20(h).
    (h) Issues not raised by pleadings. If evidence is objected to at a 
hearing on the ground that it is not within the issues raised by the 
pleadings, it may nevertheless be admitted by the Board if it is within 
the proper scope of the case. If such evidence is admitted, the Board 
may grant the objecting party a continuance to enable it to meet such 
evidence. If such evidence is admitted, the pleadings may be amended to 
conform to the evidence, as provided by 6101.12(e).
    (i) Delay by parties. If the Board determines that the hearing is 
being unreasonably delayed by the failure of a party to produce 
evidence, or by the undue prolongation of the presentation of evidence, 
it may, by written order or by ruling from the bench, prescribe a time 
or times within which the presentation of evidence must be concluded, 
establish time limits on the direct or cross-examination of witnesses, 
and enforce such order or ruling by appropriate sanctions.


6101.22  Admissibility and weight of evidence [Rule 122].

    (a) Admissibility. Any relevant evidence may be received. The Board 
may exclude relevant evidence to avoid unfair prejudice, confusion of 
the issues, undue delay, waste of time, or needless presentation of 
cumulative evidence. Hearsay evidence is admissible unless the Board 
finds it unreliable or untrustworthy.
    (b) Federal Rules of Evidence. As a general matter, and subject to 
the other provisions of this section, the Board will base its 
evidentiary rulings on the Federal Rules of Evidence.

[[Page 52359]]

    (c) Weight and credibility. The Board will determine the weight to 
be given to evidence and the credibility to be accorded witnesses.
    (d) Submission of evidence in camera. 6101.12(h) governs 
submissions in camera.


6101.23  Exhibits [Rule 123].

    (a) Marking of exhibits. (1) Documents and other tangible things 
offered in evidence by a party will be marked for identification by the 
Board during the hearing or, if it is convenient for the Board and the 
parties, before the commencement of the hearing. They will be numbered 
consecutively as the exhibits of the party offering them.
    (2) If a party elects to proceed on the record without a hearing 
pursuant to 6101.11, documentary evidence submitted by that party will 
be numbered consecutively by the Board as appeal file exhibits.
    (b) Copies as exhibits. Except upon objection sustained by the 
Board for good cause shown, copies of documents may be offered and 
received into evidence as exhibits, provided they are of equal 
legibility and quality as the originals, and such copies shall have the 
same force and effect as if they were the originals. If the Board so 
directs, a party offering a copy of a document as an exhibit shall have 
the original available at the hearing for examination by the Board and 
any other party. When the original of a document has been received into 
evidence as an exhibit, an accurate copy thereof may be substituted in 
evidence for the original by leave of the Board at any time.
    (c) Withdrawal of documentary exhibits and other papers. With the 
permission of the Board, a party may remove an exhibit during the 
course of a proceeding. Otherwise, except as provided in 6101.37(d), no 
withdrawal of any papers in the Board's file is permitted. Inspection 
of the file at the Board's offices is permitted by 6101.12(g).
    (d) Disposition of physical exhibits. Any physical (as opposed to 
documentary) exhibit may be disposed of by the Board at any time more 
than 90 calendar days after the expiration of the period for appeal 
from the decision of the Board, unless it has been earlier withdrawn by 
the party that submitted it.


6101.24  Transcripts of proceedings; corrections [Rule 124].

    (a) Transcripts Except as the Board may otherwise order, all 
hearings, other than those under the small claims procedure prescribed 
by 6102.2, will be stenographically or electronically recorded and 
transcribed. Any other hearing or conference will be recorded or 
transcribed only by order of the Board. Copies or transcriptions of 
stenographic or electronic recordings not ordered to be transcribed by 
the Board will be furnished to the parties or other persons only on 
conditions prescribed by the Board, which may include the payment of 
the costs of copying or transcription. Each party is responsible for 
obtaining its own copy of the transcript if one is prepared.
    (b) Corrections Corrections to an official transcript will be made 
only when they involve errors affecting its substance. The Board may 
order such corrections on motion or on its own initiative, and only 
after notice to the parties giving them opportunity to object. Such 
corrections will ordinarily be made either by hand with pen and ink or 
by the appending of an errata sheet, but when no other method of 
correction is practicable the Board may require the reporter to provide 
substitute or additional pages.


6101.25  Briefs and memoranda of law [Rule 125].

    (a) Form and content of briefs and memoranda of law. Briefs and 
memoranda of law shall be typewritten on standard size 8\1/2\ by 11-
inch paper. Otherwise, no particular form or organization is 
prescribed. Posthearing briefs should, at a minimum, succinctly set 
forth
    (1) The facts of the case with citations to those places in the 
record where supporting evidence can be found and
    (2) Argument with citations to supporting legal authorities. 
Memoranda of law should generally adhere as closely as practicable to 
the form and content of briefs.
    (b) Submission of posthearing briefs. Except as the Board may 
otherwise order, posthearing briefs shall be filed 30 calendar days 
after the Board's receipt of the transcript; reply briefs, if filed, 
shall be filed 15 calendar days after the parties' receipt of the 
initial posthearing briefs. The Board will notify the parties of the 
date of its receipt of the transcript. In the event one party has 
elected a hearing and the other party has elected to submit its case on 
the record pursuant to 6101.11, the filing of record submissions in the 
form of briefs shall be governed by this section.


6101.26  Consolidation; separate hearings; separate determination of 
liability [Rule 126].

    (a) Consolidation. When cases involving common questions of law or 
fact are pending, the Board may:
    (1) Order a joint hearing of any or all of the matters at issue in 
the cases;
    (2) Order the cases consolidated; or
    (3) Make such other orders concerning the proceedings therein as 
are intended to avoid unnecessary costs or delay.
    (b) Separate hearings. The Board may order a separate hearing of 
any case or cases or of any claims or issues or number of claims or 
issues therein. The Board may enter appropriate orders or decisions 
with respect to any claims or issues that are heard separately.
    (c) Separate determinations of liability. The Board may:
    (1) Limit a hearing to those issues of law and fact relating to the 
right of a party to recover, reserving the determination of the amount 
of recovery, if any, for other proceedings; and
    (2) In its decision of an appeal, irrespective of whether there is 
evidence in the record concerning the amount of recovery, and whether 
or not a stipulation or order has been made, reserve determination of 
the amount of recovery for other proceedings. In any instance in which 
the Board has reserved its determination of the amount of recovery for 
other proceedings, its decision on the question of the right to recover 
shall be final, subject to the provisions of 6101.30 through 6101.33.


6101.27  Stay or suspension of proceedings; dismissals in lieu of stay 
or suspension [Rule 127].

    (a) Stay of proceedings to obtain contracting officer's decision. 
The Board may in its discretion stay proceedings to permit a 
contracting officer to issue a decision when an appeal has been taken 
from the contracting officer's alleged failure to render a timely 
decision.
    (b) Suspension for other cause. The Board may suspend proceedings 
in a case for good cause. The order suspending proceedings will 
prescribe the duration of the suspension or the conditions on which it 
will expire. The order may also prescribe actions to be taken by the 
parties during the period of suspension or following its expiration.
    (c) Dismissal in lieu of stay or suspension. When circumstances 
beyond the control of the Board prevent the continuation of proceedings 
in a case, the Board may, in lieu of issuing an order suspending 
proceedings, dismiss the case without prejudice to reinstatement. Such 
a dismissal may require reinstatement by a date certain or within a 
certain period of time after the occurrence of a specified event. If 
the order of dismissal does not otherwise provide, it will be subject 
to the provisions of 6101.28(b).

[[Page 52360]]

6101.28  Dismissals [Rule 128].

    (a) Generally. A case may be dismissed by the Board on motion of 
either party. A case may also be dismissed for reasons cited by the 
Board in a show cause order to which response has been permitted. Every 
dismissal shall be with prejudice to reinstatement of the case unless a 
dismissal without prejudice has been requested by a party or specified 
in a show cause order.
    (b) Dismissal without prejudice. When a case has been dismissed 
without prejudice to its reinstatement and neither party has requested, 
within the period of time specified in this paragraph, that the case be 
reinstated, the case shall be deemed to have been dismissed with 
prejudice as of the expiration of 180 calendar days from the date of 
dismissal, or such other period as the Board may prescribe.
    (c) Issuance of order. An order of dismissal shall be issued by the 
panel of judges to which the case has been assigned if the motion is 
contested or if the Board is acting consequent to its own show cause 
order. An order of dismissal may be issued by the panel chairman alone 
if the motion to dismiss is not contested.


6101.29  Decisions: format; procedure [Rule 129].

    Except as provided in 6102.2 (small claims procedure), decisions of 
the Board will be made in writing upon the record as prescribed in 
6101.12. Each of the parties will be furnished a copy of the decision 
certified by the Office of the Clerk of the Board, and the date of the 
receipt thereof by each party will be established in the record.


6101.30  Full Board consideration [Rule 130].

    (a) Requests. (1) A request for full Board consideration is not 
favored. Ordinarily, full Board consideration will be ordered only when
    (i) It is necessary to secure or maintain uniformity of Board 
decisions, or
    (ii) The matter to be referred is one of exceptional importance.
    (2) A request for full Board consideration may be made by either 
party on any date which is both
    (i) After the panel to which the case is assigned has issued its 
decision on a motion for reconsideration or relief from decision and
    (ii) Within 10 working days after the date on which that party 
receives that decision. Any party making a request for full Board 
consideration shall state concisely in the motion the precise grounds 
on which the request is based.
    (3) The full Board on its own may initiate consideration of a 
matter
    (i) At any time while the case is before the Board,
    (ii) No later than the last date on which any party may file a 
motion for reconsideration or relief from decision or order, or
    (iii) If such a motion is filed by a party, within ten days after a 
panel has resolved it.
    (b) Consideration. Promptly after such a request is made, a ballot 
will be taken among the judges; if a majority of them favors the 
request, the request will be granted. The result of the vote will 
promptly be reported by the Board through an order. The concurring or 
dissenting view of any judge who wishes to express such a view may 
issue at the time of such order or at any time thereafter.
    (c) Decisions. If full Board consideration is granted, a vote shall 
be taken promptly on the pending matter. After this vote is taken, the 
Board shall promptly, by order, issue its determination, which shall 
include the concurring or dissenting view of any judge who wishes to 
express such a view.


6101.31  Clerical mistakes [Rule 131].

    Clerical mistakes in decisions, orders, or other parts of the 
record, and errors arising therein through oversight or inadvertence, 
may be corrected by the Board at any time on its own initiative or upon 
motion of a party on such terms, if any, as the Board may prescribe. 
During the pendency of an appeal to another tribunal, such mistakes may 
be corrected only with leave of the appellate tribunal.


6101.32  Reconsideration; amendment of decisions; new hearings [Rule 
132].

    (a) Grounds. Reconsideration may be granted, a decision or order 
may be altered or amended, or a new hearing may be granted, for any of 
the reasons stated in 6101.33(a) and the reasons established by the 
rules of common law or equity applicable as between private parties in 
the courts of the United States. Reconsideration, or a new hearing, may 
be granted on all or any of the issues. Arguments already made and 
reinterpretations of old evidence are not sufficient grounds for 
granting reconsideration. On granting a motion for a new hearing, the 
Board may open the decision if one has been issued, take additional 
testimony, amend findings of fact and conclusions of law, or make new 
findings and conclusions and direct the entry of a new decision.
    (b) Procedure. (1) Any motion under this section shall comply with 
the provisions of 6101.8 and shall set forth:
    (i) The reason or reasons why the Board should consider the motion; 
and
    (ii) The relief sought and the grounds therefor.
    (2) If the Board concludes that the reasons asserted for its 
consideration of the motion are insufficient, it may deny the motion 
without considering the relief sought and the grounds asserted 
therefor. If the Board grants the motion, it will issue an appropriate 
order which may include directions to the parties for further 
proceedings.
    (c) Time for filing. A motion for reconsideration, to alter or 
amend a decision or order, or for a new hearing shall be filed in an 
appeal or petition within 30 calendar days and in an application within 
7 working days after the date of receipt by the moving party of the 
decision or order. Not later than 30 calendar days after issuance of a 
decision or order, the Board may, on its own initiative, order 
reconsideration or a new hearing or alter or amend a decision or order 
for any reason that would justify such action on motion of a party.
    (d) Effect of motion. A motion pending under this section does not 
affect the finality of a decision or suspend its operation.


6101.33  Relief from decision or order [Rule 133].

    (a) Grounds. The Board may relieve a party from the operation of a 
final decision or order for any of the following reasons:
    (1) Newly discovered evidence which could not have been earlier 
discovered, even through due diligence;
    (2) Justifiable or excusable mistake, inadvertence, surprise, or 
neglect;
    (3) Fraud, misrepresentation, or other misconduct of an adverse 
party;
    (4) The decision has been satisfied, released, or discharged, or a 
prior decision upon which it is based has been reversed or otherwise 
vacated, and it is no longer equitable that the decision should have 
prospective application;
    (5) The decision is void, whether for lack of jurisdiction or 
otherwise; or
    (6) Any other ground justifying relief from the operation of the 
decision or order.
    (b) Procedure. Any motion under this section shall comply with the 
provisions of 6101.8 and 6101.32(b), and will be considered and ruled 
upon by the Board as provided in 6101.32.
    (c) Time for filing. Any motion under this section shall be filed 
as soon as practicable after the discovery of the reasons therefor, but 
in any event no later than 120 calendar days or, in appeals under the 
small claims

[[Page 52361]]

procedure of 6102.2, no later than 30 calendar days after the date of 
the moving party's receipt of the decision or order from which relief 
is sought. In considering the timeliness of a motion filed under this 
section, the Board may consider when the grounds therefor should 
reasonably have been known to the moving party.

    (d) Effect of motion. A motion pending under this section does not 
affect the finality of a decision or suspend its operation.

6101.34  Harmless error [Rule 134].

    No error in the admission or exclusion of evidence, and no error or 
defect in any ruling, order, or decision of the Board, and no other 
error in anything done or omitted to be done by the Board will be a 
ground for granting a new hearing or for vacating, reconsidering, 
modifying, or otherwise disturbing a decision or order of the Board 
unless refusal to act upon such error will prejudice a party or work a 
substantial injustice. At every stage of the proceedings the Board will 
disregard any error or defect that does not affect the substantial 
rights of the parties.

6101.35  Award of costs [Rule 135].

    (a) Applications for costs. An appropriate party in a proceeding 
before the Board may apply for an award of costs, including if 
applicable an award of attorney fees, under the Equal Access to Justice 
Act, 5 U.S.C. 504, or any other provision that may entitle that party 
to such an award, subsequent to the Board's decision in the proceeding. 
For purposes of this section, ``decision'' includes orders of dismissal 
resulting from settlement agreements that bring to an end the 
proceedings before the Board.

    (b) Time for filing. A party seeking an award may submit an 
application no later than 30 calendar days after a final disposition in 
the underlying appeal. In the case of an appeal that is adjudicated, 
the Board's decision becomes final (for purposes of this section) when 
it is not appealed to the United States Court of Appeals for the 
Federal Circuit within the time permitted for appeal or, if the 
decision is appealed, when the time for petitioning the Supreme Court 
for certiorari has expired. In the case of an appeal that is resolved 
as a result of settlement, the Board's disposition becomes final (for 
purposes of this section) after receipt by the applicant of the order 
granting or dismissing the appeal.

    (c) Application requirements. An application for costs shall:

    (1) Identify the applicant and the appeal for which costs are 
sought, and the amount being sought;

    (2) Establish that all applicable prerequisites for an award have 
been satisfied, including a succinct statement of why the applicant is 
eligible for an award of costs;

    (3) Be accompanied by an exhibit fully documenting any fees or 
expenses being sought, including the cost of any study, analysis, 
engineering report, test, project, or similar matter. The date and a 
description of all services rendered or costs incurred shall be 
submitted for each profession firm or individual whose services are 
covered by the application, showing the hours spent in connection with 
the proceeding by each individual, a description of the particular 
services performed by specific date, the rate at which each fee has 
been computed, any expenses for which reimbursement is sought, and the 
total amount paid or payable by the applicant on account of the sought-
after costs. Except in exceptional circumstances, all exhibits 
supporting applications for fees or expenses sought shall be publicly 
available. The Board may require the applicant to provide vouchers, 
receipts, or other substantiation for any costs claimed and/or to 
submit to an audit by the Government of the claimed costs;

    (4) Be signed by the applicant or an authorized officer, employee, 
or attorney of the applicant;

    (5) Contain or be accompanied by a written verification under oath 
or affirmation, or declaration under penalty of perjury, that the 
information provided in the application is true and correct;

    (6) If the applicant asserts that it is a qualifying small business 
concern, contain evidence thereof; and

    (7) If the application requests reimbursement of attorney fees that 
exceed the statutory rate, explain why an increase in the cost of 
living or a special factor, such as the limited availability of 
qualified attorneys for the proceedings involved, justifies such fees.

    (d) Proceedings. (1) Within 30 calendar days after receipt by the 
respondent of an application under this section, the respondent may 
file an answer. The answer shall explain in detail any objects to the 
award requested and set out the legal and factual bases supporting the 
respondent's position. If the respondent contends that any fees for 
consultants or expert witnesses for which reimbursement is sought in 
the application exceed the highest rate of compensation for expert 
witnesses paid by the agency, the respondent shall include in the 
answer evidence of such highest rate.

    (2) Further proceedings shall be held only by order of the Board 
and only when necessary for full and fair resolution of the issues 
arising from the application. Such proceedings shall be minimized to 
the extent possible and shall not include relitigation of the case on 
the merits. A request that the Board order further proceedings under 
this section shall describe the disputed issues and explain why 
additional proceedings are necessary to resolve those issues.

    (e) Decision. Any award ordered by the Board shall be paid pursuant 
to 6101.36.

6101.36  Payment of Board awards [Rule 136].

    (a) Generally. When permitted by law, payment of Board awards may 
be made in accordance with 31 U.S.C. 1304. Awards by the Board pursuant 
to the Equal Access to Justice Act shall be directly payable by the 
respondent agency over which the applicant has prevailed in the 
underlying appeal.

    (b) Conditions for payment. Before a party may obtain payment of a 
Board award pursuant to 31 U.S.C. 1304, one of the following must 
occur:

    (1) Both parties must, by execution of a Certificate of Finality, 
waive their rights to relief under 6101.32 and 6101.33 and also their 
rights to appeal the decision of the Board; or

    (2) The time for filing an appeal must expire.

    (c) Procedure for filing of certificates of finality. Whenever the 
Board issues a decision or an order awarding a party any amount of 
money, it will attach to the copy of the decision sent to each party 
forms such as those illustrated in the appendix to this part and part 
6102. The conditions for payment prescribed in paragraph (b)(1) of this 
section are satisfied if each of the parties returns a completed and 
duly executed copy of this form to the Board. When the form is executed 
on behalf of an appellant or applicant by an attorney or other 
representative, proof of signatory authority shall also be furnished. 
Upon receipt of completed and duly executed Certificates of Finality 
from the parties, the Board will forward a copy of each such 
certificate (together with proof of signatory authority, if required) 
and a certified copy of its decision to the

[[Page 52362]]

United States Department of the Treasury to be certified for payment.
    (d) Procedure in absence of certificate of finality. When one or 
both of the parties fails to submit a duly executed Certificate of 
Finality, but the conditions for payment have been satisfied as 
provided in paragraph (b)(2) of this section, the appellant or 
applicant may file a written request that the Board forward its 
decision to the United States Department of the Treasury for payment. 
Thereupon, the Board will forward a copy of that request and a 
certified copy of its decision to the United States Department of the 
Treasury to be certified for payment.
    (e) Stipulated award. When an appeal is settled, the parties may 
file with the Board a stipulation setting forth the amount of the award 
and stating
    (1) That they will not seek reconsideration of, or relief from, the 
Board's decision, and
    (2) That they will not appeal the decision. The Board will adopt 
the parties' stipulation by decision. The Board's decision under this 
paragraph is an adjudication of the case on the merits.


6101.37  Record on review of a Board decision [Rule 137].

    (a) Record on review. When a party has appealed a Board decision to 
the United States Court of Appeals for the Federal Circuit, the record 
on review shall consist of the decision sought to be reviewed, the 
record before the Board as described in 6101.12, and such other 
material as may be required by the Court of Appeals.
    (b) Notice. At the same time a party seeking review of a Board 
decision files a notice of appeal, that party shall provide a copy of 
the notice to the Board.
    (c) Filing of certified list of record materials. Promptly after 
service upon the Board of a copy of the notice of appeal of a Board 
decision, the Office of the Clerk of the Board shall file with the 
Clerk of the United States Court of Appeals for the Federal Circuit a 
certified list of all documents, transcripts of testimony, exhibits, 
and other materials constituting the record, or a list of such parts 
thereof as the parties may designate, adequately describing each. The 
Board will retain the record and transmit any part thereof to the Court 
upon the Court's order during the pendency of the appeal.
    (d) Request by attorney of record to review record. When a case is 
on appeal, an attorney of record may request permission from the Board 
to sign out the record on appeal to review and copy, for a reasonable 
period of time, if the attorney is unable to gain access to the record 
from another source.


6101.38  Office of the Clerk of the Board [Rule 138].

    (a) Open for the filing of papers. The Office of the Clerk of the 
Board shall receive all papers submitted for filing, and shall be open 
for this purpose from 8:00 a.m. to 4:30 p.m., Eastern Time, on each day 
that is not a Saturday, Sunday, federal holiday, a day on which the 
Office is required to close earlier than 4:30 p.m., or a day on which 
the Office does not open at all, as in the case of inclement weather.
    (b) Decisions and orders. The Office of the Clerk shall keep in 
such form and manner as the Board may prescribe a correct copy of each 
decision or order of the Board subject to review and any other order or 
decision which the Board may direct to be kept.
    (c) Docket. The Office of the Clerk shall keep a docket on which 
shall be entered the title and nature of all cases brought before the 
Board, the names of the persons filing such cases, the names of the 
attorneys or other persons appearing for the parties, and a record of 
all proceedings.
    (d) Copies and certification of papers. Upon the request of any 
person, copies of papers and documents in a case may be provided by the 
Office of the Clerk. If making such copies involves more than minimal 
costs to the Board, reimbursement will be required. When required, the 
Office of the Clerk will certify copies of papers and documents as a 
true record of the Board. Except as provided in 6101.23(c) and 
6101.37(d), the Office of the Clerk will not release original records 
in its possession to any person.


6101.39  Seal of the Board [Rule 139].

    The Seal of the Board shall be a circular boss, the center portion 
of which shall depict the Seal of the General Services Administration. 
The outer margin of the seal shall bear the legend ``Board of Contract 
Appeals.'' The Seal shall be the means of authentication of all 
records, notices, orders, dismissals, opinions, subpoenas, and 
certificates issued by the Board.


6101.40  Forms [Rule 140].

    The forms contained in the appendix to this part and part 6102 are 
sufficient under these parts and are intended to indicate the 
simplicity and brevity of statement which the rules in those parts 
contemplate. The subpoena form is a required form, and it may not be 
altered.

Appendix to Part 6101--Form Nos. 1-5

Form 1--Notice of Appeal, GSA Form 2465
Form 2--Notice of Appearance
Form 3--Subpoena, GSA Form 9534
Form 4--Government Certificate of Finality
Form 5--Appellant/Applicant Certificate of Finality

BILLING CODE 6829-AL-M

[[Page 52363]]

[GRAPHIC] [TIFF OMITTED] TR07OC96.000



[[Page 52364]]

[GRAPHIC] [TIFF OMITTED] TR07OC96.001



[[Page 52365]]

[GRAPHIC] [TIFF OMITTED] TR07OC96.002



[[Page 52366]]

[GRAPHIC] [TIFF OMITTED] TR07OC96.003



[[Page 52367]]

[GRAPHIC] [TIFF OMITTED] TR07OC96.004



[[Page 52368]]

[GRAPHIC] [TIFF OMITTED] TR07OC96.005



BILLING CODE 6829-AL-C

[[Page 52369]]

    2. Part 6102 is added to read as follows:

PART 6102--RULES OF PROCEDURE OF THE GENERAL SERVICES 
ADMINISTRATION BOARD OF CONTRACT APPEALS (EXPEDITED PROCEEDINGS)

Sec.
6102.1  Variation from standard proceedings [Rule 201].
6102.2  Small claims procedure [Rule 202].
6102.3  Accelerated procedure [Rule 203].
6102.4  Alternative dispute resolution [Rule 204].

    Authority: 41 U.S.C. 601-613.


6102.1  Variation from standard proceedings [Rule 201].

    The ultimate purpose of any Board proceeding is to resolve fairly 
and expeditiously any dispute properly before the Board. When, during 
the normal course of a Board proceeding, the parties agree that a 
change in established procedure will promote this end, the Board will 
make that change if it is deemed to be feasible and in the best 
interest of the parties, the Board, and the resolution of contract 
disputes. The following are examples of these changes:
    (a) Establishing an expedited schedule of proceedings, such as by 
limiting the times provided in part 6101 of this chapter for various 
filings, to facilitate a prompt resolution of the case;
    (b) Developing a record and rendering a decision on the issue of 
entitlement prior to reviewing the issue of quantum in a party's claim;
    (c) Developing a record and rendering a decision on any legal or 
factual issue in advance of others when that issue is deemed critical 
to resolving the case or effecting a settlement of any items in 
dispute; and
    (d) Developing a record regarding relevant facts through an on-the-
record round-table discussion with sworn witnesses, counsel, and the 
panel chairman rather than through formal direct and cross-examination 
of each of these same witnesses. This discussion shall be controlled by 
the panel chairman. It may be conducted, for example, through the 
presentation of narrative statements of witnesses or on an issue by 
issue basis. The panel chairman may also request that the parties' 
counsel or representatives present opening and/or closing statements in 
lieu of written briefs.


6102.2  Small claims procedure [Rule 202].

    (a) Election.--(1) The small claims procedure is available solely 
at the appellant's election, and only when there is a monetary amount 
in dispute and that amount is $50,000 or less. Such election shall be 
made no later than 30 calendar days after the appellant's receipt of 
the agency answer, unless the panel chairman enlarges the time for good 
cause shown.
    (2) At the request of the Government, or on its own initiative, the 
Board may determine whether the amount in dispute is greater than 
$50,000, such that the election is inappropriate. The Government shall 
raise any objection to the election no later than 10 working days after 
receipt of a notice of election.
    (b) Decision. The panel chairman may issue a decision, which may be 
in summary form, orally or in writing. A decision which is issued 
orally shall be reduced to writing; however, such a decision takes 
effect at the time it is rendered, prior to being reduced to writing. A 
decision shall be final and conclusive and shall not be set aside 
except in case of fraud. A decision shall have no value as precedent.
    (c) Procedure. Promptly after receipt of the appellant's election 
of the small claims procedure, the Board shall establish a schedule of 
proceedings that will allow for the timely resolution of the appeal. 
Pleadings, discovery, and other prehearing activities may be restricted 
or eliminated.
    (d) Time of decision. Whenever possible, the panel chairman shall 
resolve an appeal under this procedure within 120 calendar days from 
the Board's receipt of the election. The time for processing an appeal 
under this procedure may be extended if the appellant has not adhered 
to the established schedule. Either party's failure to abide by the 
Board's schedule may result in the Board drawing evidentiary inference 
adverse to the party at fault.


6102.3  Accelerated procedure [Rule 203].

    (a) Election.--(1) The accelerated procedure is available solely at 
the appellant's election, and only when there is a monetary amount in 
dispute and that amount is $100,000 or less. Such election shall be 
made no later than 30 calendar days after the appellant's receipt of 
the agency answer, unless the panel chairman enlarges the time for good 
cause shown.
    (2) At the request of the Government, or on its own initiative, the 
Board may determine whether the amount in dispute is greater than 
$100,000, such that the election is inappropriate. The Government shall 
raise any objection to the election no later than 10 working days after 
receipt of a notice of election.
    (b) Decision. Each decision shall be rendered by the panel chairman 
with the concurrence of one of the other judges assigned to the panel; 
in the event the two judges disagree, the third judge assigned to the 
panel will participate in the decision.
    (c) Procedure. Promptly after receipt of the appellant's election 
of the accelerated procedure, the Board shall establish a schedule of 
proceedings that will allow for the timely resolution of the appeal. 
Pleadings may be simplified, and discovery and other prehearing 
activities may be restricted or eliminated.
    (d) Time of decision. Whenever possible, the panel chairman shall 
resolve an appeal under this procedure within 180 calendar days from 
the Board's receipt of the election. The time for processing an appeal 
under this procedure may be extended if the appellant has not adhered 
to the established schedule. Either party's failure to abide by the 
Board's schedule may result in the Board drawing evidentiary inferences 
adverse to the party at fault.


6102.4  Alternative dispute resolution [Rule 204].

    (a) Availability of ADR procedures. The Board will make its 
services available for ADR proceedings in contract and procurement 
matters involving any agency, regardless of whether the agency uses the 
Board to resolve its Contract Disputes Act appeals.
    (1) ADR subsequent to docketing of case at the Board. Parties are 
encouraged to consider the feasibility of using ADR as soon as their 
case is docketed. If, however, at any time during the course of a Board 
proceeding, the parties agree that their dispute may be resolved 
through the use of an ADR technique, the panel chairman may suspend 
proceedings for a reasonable period of time while the parties and the 
Board attempt to resolve the dispute in this manner. The use of an ADR 
technique will not toll any relevant statutory time limit for deciding 
the case.
    (2) Other ADR. Upon request, the Board will make a Board Neutral 
available for an ADR proceeding involving any agency in any contract or 
procurement matter at any stage of a procurement, even if no 
contracting officer decision has been issued or is contemplated. To 
initiate an ADR proceeding, the parties shall jointly request the ADR 
in writing and direct such request to the Office of the Clerk of the 
Board. For agencies other than GSA, the Board will provide ADR services 
on a reimbursable basis.
    (b) Conduct of ADR.--(1) Selection of Board Neutral. If ADR is 
agreed to by

[[Page 52370]]

the parties and the Board, the parties may request the appointment of 
one or more Board judges to act as a Board Neutral or Neutrals. The 
parties may request that the Board's chairman appoint a particular 
judge or judges as the Board Neutral, or ask the Board's chairman to 
appoint any judge or judges as the Neutral. If, when ADR has been 
requested for a case that has already been docketed with the Board, as 
provided in paragraph (a)(1) of this section, the parties may request 
that the panel chairman serve as the Board Neutral. In such a 
situation, if the ADR is unsuccessful,
    (i) If the ADR has involved mediation, the panel chairman shall not 
retain the case, and
    (ii) If the ADR has not involved mediation, the panel chairman, 
after considering the parties' views, shall decide whether to retain 
the case.
    (2) Retention and confidentiality of materials. The Board will 
review materials submitted by a party for an ADR proceeding, but will 
not retain such materials after the proceeding is concluded or 
otherwise terminated. Material created by a party for the purpose of an 
ADR proceeding is to be used solely for that proceeding unless the 
parties agree otherwise. Parties may request a protective order in an 
ADR proceeding in the manner provided in 6101.12(h).
    (c) Types of ADR. ADR is not defined by any single procedure or set 
of procedures. The Board will consider the use of any technique 
proposed by the parties which is deemed to be fair, reasonable, and in 
the best interest of the parties, the Board, and the resolution of 
contract disputes. The following are examples of available techniques:
    (1) Mediation. The Board Neutral, as mediator, aids the parties in 
settling their case. The mediator engages in ex parte discussions with 
the parties and facilitates the transmission of settlement offers. 
Although not authorized to render a decision in the dispute, the 
mediator may discuss with the parties, on a confidential basis, the 
strengths and weaknesses of their positions. No judge who has 
participated in discussions about the mediation will participate in a 
Board decision of the case if the ADR is unsuccessful.
    (2) Neutral case evaluation. The parties agree to present to the 
Board Neutral information on which the Board Neutral bases a non-
binding, oral, advisory opinion. The manner in which the information is 
presented will vary from case to case depending upon the agreement of 
the parties. Presentations generally fall between two extremes, ranging 
from an informal proffer of evidence together with limited argument 
from the parties to a more formal presentation of oral and documentary 
evidence and argument from counsel, such as through a mini-trial.
    (3) Binding decision. One or more Board judges render a decision 
which, by prior agreement of the parties, is to be binding and non-
appealable. As in the non-binding evaluation of a case by a Board 
Neutral, the manner in which information is presented for a binding 
decision may vary depending on the circumstances of the particular 
case.
    (4) Other procedures. In addition to other ADR techniques, 
including modifications to those listed in this section, as agreed to 
by the Board and parties, the parties may use ADR techniques that do 
not require direct Board involvement.
    (5) Selective use of standard procedures. Parties considering the 
use of ADR are encouraged to adapt for their purposes any provisions in 
part 6101 which they believe will be useful. This includes but is not 
limited to provisions concerning record submittals, pretrial discovery 
procedures, and hearings.

    Dated: September 26, 1996.
Robert W. Parker,
Vice Chairman.
[FR Doc. 96-25121 Filed 10-4-96; 8:45 am]
BILLING CODE 6829-AL-M