PART 22—RULES OF PROCEDURE OF THE GOVERNMENT ACCOUNTABILITY OFFICE CONTRACT APPEALS BOARD Authority: Sec. 1501, Public Law 110-161, 121 Stat. 2249. Source: 73 FR 36258, June 26, 2008, unless otherwise noted. § 22.1 Applicability of Rules [Rule 1]. The Government Accountability Office Contract Appeals Board is authorized to hear appeals from decisions of contracting officers with respect to any contract entered into by a legislative branch agency. These rules shall apply to all appeals filed with the Board on or after October 1, 2007. § 22.2 Board Consideration [Rule 2]. (a) Offices. [email protected]. (b) Three member panel. (c) Absence or disability of Chairman. § 22.3 Appeals—How Taken [Rule 3]. (a) Form. (b) Timeliness. (2) For certified claims submitted to the contracting officer in excess of $50,000 where the contracting officer has not issued a final decision within a reasonable time, taking into account such factors as the size and complexity of the claim, the contractor may file a notice of appeal citing the failure of the contracting officer to issue a decision. (3) For claims submitted to the contracting officer in the amount of $50,000 or less where the contracting officer has not issued a final decision within 60 days of the contractor's request that a final decision be issued within that time, the contractor may file a notice of appeal citing the failure of the contracting officer to issue a decision. (4) In lieu of a notice of appeal filed under paragraphs (b)(2) or (b)(3) of this section [Rules 3(b)(2) or 3(b)(3)], the contractor may request that the Board direct a contracting officer to issue a decision within a specified period of time, as determined by the Board, in the event of undue delay by the contracting officer in issuing a decision. (5) An appeal filed with the Board will be deemed “filed” on the date actually received by the Board if received by 5:30 p.m. local time in Washington, DC, or on the next business day if received after 5:30 p.m. (c) Service of the appeal; copies. (d) Docketing. (e) Consolidation. [73 FR 36258, June 26, 2008, as amended at 73 FR 60610, Oct. 14, 2008] § 22.4 Appeal File [Rule 4]. (a) Duties of the Contracting Officer. (i) The decision from which the appeal is taken; (ii) The contract, including relevant specifications, amendments, plans, and drawings; (iii) All correspondence between the parties relevant to the appeal, including the letter or letters of claim in response to which the decision was issued; (iv) All documents and other tangible things on which the contracting officer relied in making the decision, and any correspondence relating thereto; (v) Transcripts of any testimony taken during the course of proceedings, and affidavits or statements of any witnesses on the matter in dispute made prior to the filing of the notice of appeal with the Board; and (vi) Any additional information or evidence considered relevant to the appeal. (2) Within the same time specified above, the contracting officer shall furnish the appellant a copy of each document he or she transmits to the Board, except those in paragraph (a)(1)(ii) of this section [Rule 4(a)(1)(ii)]. As to the latter, a list furnished to the appellant indicating specific contractual documents transmitted will suffice. Documents filed under this rule, and any supplements, shall be organized and filed in accordance with paragraph (d) of this section [Rule 4(d)]. (b) Duties of the appellant. (c) Continuing duty to supplement the record. (d) Organization of appeal file. i.e. (e) Submissions on order of the Board. (f) Status of documents in the record. § 22.5 Pleadings [Rule 5]. (a) Complaint. (b) Answer. (c) Small claims and accelerated procedures. (d) Amendment of pleadings. § 22.6 Motions, Briefs, and Other Statements [Rule 6]. (a) Motions, generally. (b) Briefs and citations. i.e. (c) Declarations, affidavits, or other statements. i.e. (d) Motions for summary judgment Generally. (2) Requirements. (3) Time. (4) Citations. § 22.7 Copies and Service Thereof [Rule 7]. (a) Rule 4 file. (b) Other submissions filed with the Board. [email protected] [email protected] (c) Service on parties. (d) Proof of service. § 22.8 General Discovery Procedures [Rule 8]. (a) General policy and methods of discovery. (b) Scope of discovery. (c) Discovery plan, conferences, and orders. (d) Discovery limits. (e) Discovery objections. (f) Discovery responses. (g) Duty to supplement discovery responses. (h) Voluntary cooperation. (i) Motions to compel discovery. (j) Sanctions. (k) Discovery motions, timing. [73 FR 36258, June 26, 2008, as amended at 73 FR 60610, Oct. 14, 2008] § 22.9 Subpoenas [Rule 9]. (a) Issuance. (b) Service. (c) Motions to quash. (d) Contumacy. § 22.10 Sanctions [Rule 10]. (a) Standards. (b) Imposition of sanctions. (i) Taking the facts pertaining to the matter in dispute to be established for the purpose of the appeal in accordance with the contention of the party submitting the discovery request; (ii) Forbidding challenge of the accuracy of any evidence; (iii) Refusing to allow the noncompliant party to support or pose designated claims or defenses; (iv) Prohibiting the noncompliant party from introducing in evidence designated documents or items of testimony; (v) Striking pleadings or parts thereof, or staying further proceedings until the order is obeyed; (vi) Dismissing the appeal or any part thereof; and/or (vii) Imposing such other sanctions as the Board deems appropriate. (2) Prior to imposing sanctions, the Board will provide the noncompliant party with notice and an opportunity to be heard on the issue of whether sanctions should be imposed. The opportunity to be heard does not mean that the party is entitled to a hearing; the opportunity to provide written argument shall satisfy this requirement. (c) Disciplinary proceedings. § 22.11 Depositions [Rule 11]. (a) When depositions may be taken. (b) Time, place, and manner of taking. (c) Limits. (d) Use as evidence. § 22.12 Interrogatories [Rule 12]. (a) When interrogatories may be served. (b) Answers. (c) Scope and use as evidence. (d) Limits. (e) Option to produce business records. § 22.13 Requests for Admission [Rule 13]. (a) When requests for admission may be served. (i) A sworn statement denying specifically the matters for which an admission is requested or setting forth in detail the reasons why he or she cannot truthfully admit or deny those matters, or (ii) Written objections on the ground that some or all of the requested admissions are privileged or irrelevant or that the request is otherwise improper in whole or in part. (2) If written objections to a part of the request are made, the remainder of the request shall be answered within the period designated in Rule 8(f). A denial shall fairly meet the substance of the requested admission and, when good faith requires that a party deny only a part of a matter for which an admission is requested, he or she shall specify so much of it as is true and deny only the remainder. (b) Limits. (c) Use as evidence. [73 FR 36258, June 26, 2008, as amended at 73 FR 60610, Oct. 14, 2008] § 22.14 Production of Documents, Electronically Stored Information, Other Tangible Things, or Entry Onto Land [Rule 14]. (a) When documents, electronically stored information, other tangible things, or entry onto land may be requested. (1) To produce and permit the inspection, copying, or photographing of any designated documents or electronically stored information (including writings, papers, books, accounts, photographs, drawings, graphs, charts, recordings, and other data or data compilations), or other tangible things, not privileged, which are in his, her, or its possession, custody, or control and which are within the scope of discovery as described in § 22.8(b) of this part [Rule 8(b)]; or (2) To permit entry onto designated land or other property in his or its possession or control for the purpose of inspecting, measuring, surveying, filming, or photographing the property or any designated object or operation thereon which is within the scope of discovery as described in § 22.8(b) of this part [Rule 8(b)]. (b) Time, place, and manner. § 22.15 Conferences and Orders [Rule 15]. (a) Initial status conference. (b) Status conferences and reports. (c) Rulings, orders, and directions. [73 FR 60610, Oct. 14, 2008] § 22.16 Hearings [Rule 16]. (a) Election of hearing or record submission. (b) Pre-hearing schedule. (i) Dispositive motions, motions for summary judgment, and motions in limine, which allow sufficient time for the Board to resolve the motions before the hearing; (ii) Pre-hearing briefs or statements of the case; (iii) The identification of lay and expert witnesses for hearing, the general substance of testimony to be offered by each witness, and any depositions that will be used in lieu of witness testimony; (iv) The exchange of expert reports and statements (if not done during discovery); (v) Proposed stipulations of fact; (vi) The exchange of hearing exhibit books; (vii) The production of any additional documents to be used at the hearing that are not already part of the § 22.4 [Rule 4] file; (viii) Objections to proposed evidence or § 22.4 [Rule 4] file submissions; (ix) Date for conducting a pre-hearing conference; (x) Dates and duration of the hearing; and (xi) Any other matter necessary for resolution before the hearing. (2) As soon as practicable after receipt of the parties' proposed schedule(s), the Board will issue an order establishing a schedule for pre-hearing submissions and events, taking into account the parties' proposed schedule, the nature of the case, and the scheduling needs of the Board. (c) Pre-hearing conference. (d) Pre-hearing briefs. (e) Location of hearing. (f) Notice of hearing. (g) Nature of hearing. (h) Admissibility and weight of evidence. (i) Examination of witnesses. (j) Availability of witnesses, documents, and other tangible things. (k) Issues not raised by the pleadings. (l) Delay by the parties. (m) Exhibits. (n) Copies. (o) Absence of parties or counsel. (p) Transcripts. (q) Post-hearing briefs. (r) Post-hearing evidence. [73 FR 36258, June 26, 2008, as amended at 73 FR 60610, Oct. 14, 2008] § 22.17 Submission on the Record Without a Hearing [Rule 17]. (a) General requirements. (b) Conference in lieu of hearing. (c) Statement of the case. § 22.18 Closing the Record [Rule 18]. (a) Closing the record. (b) Supplementing the record after the record is closed. § 22.19 Findings and Decisions of the Board [Rule 19]. (a) Generally. (b) Record upon which findings and decisions are based. (i) Notice of appeal; (ii) Pleadings, motions, written briefs and statements, and responses thereto; (iii) Rule 4 file and any supplements other than those to which an objection has been sustained; (iv) Hearing exhibits other than those to which an objection has been sustained; (v) Orders, rulings, and directions to the parties issued by the Board; (vi) Written transcripts and electronic recordings of proceedings; (vii) Stipulations, party admissions, depositions or parts thereof received in evidence, and written interrogatories and responses received in evidence; (viii) Anything else that the Board may designate. (2) All other documents and electronically stored information are part of the administrative record of the proceedings and are not included in the record upon which the Board's decision will be rendered. § 22.20 Mistakes and Corrections [Rule 20]. (a) To decisions and orders. (b) To the official transcript. § 22.21 Motion for Reconsideration [Rule 21]. A motion for reconsideration, if filed by either party, shall set forth specifically the ground or grounds relied upon to sustain the motion, and shall be filed within 15 days of receipt of a copy of the Board's decision. Mere disagreement with a decision, re-argument of points already made, or the presentation of new evidence that could have been presented during the appeal but was not, are not sufficient grounds for reconsideration. A motion pending under § 22.21 [Rule 21] does not affect the finality of a decision or suspend its operation. § 22.22 Accelerated and Small Claims Procedures [Rule 22]. (a) Variation from standard proceedings. (b) Accelerated procedure. (c) Small claims procedure. § 22.23 Suspension of Proceedings [Rule 23]. At any time, the Board may suspend the proceedings by agreement of the parties for settlement discussions, or for good cause shown. § 22.24 Alternative Dispute Resolution [Rule 24]. (a) Docketed appeals. (b) Other matters. § 22.25 Protective Orders and In Camera Review [Rule 25]. (a) Protective orders. (b) In camera review. § 22.26 Representation of Parties [Rule 26]. (a) The appellant. (b) The respondent. (c) Others. (d) Notice of appearance. § 22.27 Ex Parte Communications [Rule 27]. No member of the Board shall entertain, nor shall any person directly or indirectly involved in an appeal submit to the Board, any evidence, explanation, analysis, or advice, whether written or oral, regarding any matter at issue in an appeal without the knowledge and consent of the adverse party. This provision does not apply to consultation among Board members or to ex parte communications concerning the Board's administrative functions or procedures. § 22.28 Time [Rule 28]. In computing any period of time described in these rules, “days” refer to calendar days, unless otherwise specified in these rules. The first day from which the period begins to run is not counted, and when the last day of the period is Saturday, Sunday, or a Federal holiday, the period extends to the next day that is not a Saturday, Sunday, or a Federal holiday. Documents shall be deemed “filed” on the date and time received by the Board if received before 5:30 p.m. local time in Washington, DC, or the next business day if received after 5:30 p.m. [73 FR 60610, Oct. 14, 2008] § 22.29 Inspection of the Record [Rule 29]. The notice of appeal, the complaint, the answer, the documents required to be filed therewith pursuant to § 22.4 of this part [Rule 4], all papers filed by the parties with the Board pursuant to these rules, and all correspondence exchanged between the Board and the parties or their attorneys shall be available for inspection at the offices of the Board. Prior arrangements for inspection of the file should be made with a member of the Board.