PART 955—RULES OF PRACTICE BEFORE THE POSTAL SERVICE BOARD OF CONTRACT APPEALS Authority: 39 U.S.C. 204, 401; 41 U.S.C. 7101-7109. Source: 90 FR 25895, June 18, 2025, unless otherwise noted. § 955.1 (Rule 1) Jurisdiction, procedure, and service of documents. (a) Jurisdiction. (b) Organization and location of the Board. https://about.usps.com/who/judicial/. https://usps-judicialoffice.journaltech.com. (2) All members of the Board must meet the qualifications established by the Contract Disputes Act. Unless otherwise allowed by this part, appeals are decided by a panel of at least three judges, with the majority's opinion constituting the Board's decision. (c) Board procedures Scope. (2) Administration and interpretation of this part. (3) Computation of time and extensions. (ii) Except as otherwise provided by law, in computing time periods under this part or a Board order, the day of the event from which the designated time period begins to run will not be included, but the last day of the period will be included unless it is a Saturday, Sunday, or Federal holiday. In those cases, the period will run to the next business day. Except as otherwise provided in this part or an applicable order, time periods are measured in calendar days. (iii) Requests for time extensions from either party must be in writing and state good cause for the request. The requesting party must contact the opposing party about the request, or make a good faith effort to do so. The request must state whether the opposing party consents to the extension. Requests filed after a deadline should state the reason for the party's failure to file a timely request. (4) Manner of filings. (ii) Documents mailed to the Board are deemed filed on the date mailed, as indicated by a United States postmark or other proof of mailing. (iii) Documents may be filed by fax only with the Board's prior approval. Documents filed by fax are deemed filed when the Board receives a complete, legible copy. (iv) Documents submitted by any other means are deemed filed when a complete copy is received by the Recorder during the Board's working hours (8:30 a.m.-4:30 p.m. Eastern Time). (5) Service. (d) Parties Appellant. appellant (2) Respondent. respondent § 955.2 (Rule 2) Initiation of appeals. (a) An appeal may be initiated by filing a notice of appeal with either the Board (see § 955.1(c)(4) (Rule 1(c)(4))) or the contracting officer. The notice of appeal must be in writing and must be filed within the time specified by applicable law. (b) The Postal Service Law Department must enter an appeal in the Board's electronic filing system within 10 days of the contracting officer's receipt of the notice of appeal. The Law Department must also indicate the date the notice of appeal was received by the contracting officer. (c) Where an appeal has been properly filed from a deemed denial, the Board may stay further proceedings pending issuance of a final decision by the contracting officer within such time as the Board determines. (d) Under 41 U.S.C. 7103(f)(4), the Board will consider a request to direct a contracting officer to issue a final decision within a specified period of time. § 955.3 (Rule 3) Contents of the notice of appeal. (a) A notice of appeal must indicate the contractor's intention to file an appeal. It should also identify the relevant contract number or other reference and identify the decision from which the appeal is taken, or attach a copy of the contracting officer's final decision. If an appeal is taken from the failure of a contracting officer to issue a final decision, the notice of appeal should describe the claim or attach a copy of it. (b) The notice of appeal should be signed by the contractor (or by an officer of a corporation or partner of a partnership), or by the contractor's duly authorized representative or attorney. The complaint referred to in § 955.6 (Rule 6) may be filed with the notice of appeal, or the notice of appeal may be designated as a complaint if it otherwise meets the requirements of Rule 6. § 955.4 (Rule 4) Appeal file. (a) Appeal file. (1) The claim and contracting officer's final decision from which the appeal is taken; (2) The contract, including relevant specifications, amendments, plans, and drawings; (3) Relevant correspondence between the parties; (4) Documents relied on by the contracting officer to decide the claim; (5) Relevant affidavits, declarations, witness statements, and transcripts of testimony taken before the appeal; and (6) Any additional relevant information. (b) Supplement to the appeal file. (c) Organization of the appeal file. (d) Lengthy exhibits. (e) Status of exhibits in the appeal file. § 955.5 (Rule 5) Motions. (a) Generally. (b) Jurisdictional motions. (c) Motions for summary judgment. (1) Motions for summary judgment must include a Statement of Uncontested Material Facts containing separately numbered paragraphs listing all the material facts on which the moving party bases its motion and as to which it contends there is no genuine dispute. The moving party must include references to affidavits, declarations, and documents relied on to support each material fact. (2) With its opposition to the motion, the non-moving party must file a separate Statement of Genuine Issues of Material Facts identifying, by paragraph number from the Statement of Uncontested Material Facts, the specific facts the non-moving party claims are genuinely disputed. The non-moving party must state the precise nature of its disagreement and include references to affidavits, declarations, and documents that demonstrate the existence of a genuine dispute. The non-moving party may also propose additional material facts. (3) The parties must each include a memorandum of law supporting or opposing summary judgment. (4) The Board will consider a request from the non-moving party for time to obtain affidavits or declarations or to take discovery before filing its response to the motion. (d) Non-dispositive motions. § 955.6 (Rule 6) Pleadings. (a) Complaint. (b) Answer. (c) Affirmative claims by the respondent. § 955.7 (Rule 7) Amendments of pleadings or the record. (a) On its own initiative or at the request of a party, the Board may order a party to submit a more definite statement of the complaint or answer, or to reply to an answer. (b) The Board may consider issues not raised in the pleadings that were not objected to during the proceedings. These issues will be treated as if they had been raised in the pleadings. If a party objects to evidence at a hearing because it is not within the issues raised by the pleadings, the Board may nonetheless admit the evidence and grant the objecting party a continuance or other relief if necessary to enable it to respond to such evidence. § 955.8 (Rule 8) Hearing request. As directed by the Board, each party must state whether it wants to have the appeal decided after a hearing or on the written record without a hearing. See Rules 11 and 17. A party's hearing request should state where and when it wants the hearing to be conducted. After considering the parties' requests, the Board will decide whether to hold a hearing. If the Board decides to hold a hearing, it will also determine the time and place of the hearing. § 955.9 (Rule 9) Prehearing briefs. After reviewing the pleadings and appeal file documents, the Board may require the parties to submit prehearing briefs in any case in which a hearing will be held. Either party may also request permission to file a prehearing brief. If the Board grants that request, it will allow the other party to also file a prehearing brief. If prehearing briefs are submitted, they must be filed at least 15 days before the date set for hearing, or as otherwise ordered by the Board. § 955.10 (Rule 10) Conferences with the parties. (a) Regardless of whether an appeal will be decided after a hearing or on the written record, the Board may, on its own initiative or at the request of one of the parties, convene a conference to consider: (1) Simplifying or clarifying the issues; (2) Obtaining stipulations, admissions, agreements on documents, understandings on matters already of record, and similar agreements to avoid unnecessary proof; (3) Limiting the number of witnesses and avoiding cumulative evidence; (4) Settling any of the disputed issues; and (5) Discussing any other matters that may aid in disposing of the appeal. (b) The Board will prepare a written summary of any conference with the parties. The written summary will be part of the record. § 955.11 (Rule 11) Submission without a hearing. (a) If the parties elect to submit the appeal on the record without a hearing, the Board will set a schedule for the parties to complete the record and file briefs. Submission of the case without a hearing does not relieve the parties from the burden of proving the facts supporting their allegations or defenses. The parties may file affidavits, declarations, depositions, admissions, answers to interrogatories, and stipulations to supplement the record. (b) The Board may also rely on any documents listed in Rule 13(a). The Board may order the parties to submit briefs in support of their positions. (c) Except as the Board may otherwise order, no evidence will be received after the Board closes the record. (d) The Board may ask the parties to submit additional evidence or briefs on any matter relevant to the appeal. The Board may also request oral argument. (e) The record will then be settled as described in Rule 13. § 955.12 (Rule 12) Optional Small Claims (Expedited) and Accelerated Procedures. (a) The Small Claims (Expedited) Procedure. (2) The appellant may elect this procedure if: (i) There is a monetary dispute of $50,000 or less; or (ii) There is a monetary dispute of $150,000 or less and the appellant is a small business concern, as that term is defined in the Small Business Act and the regulations in 13 CFR part 121. (3) In cases proceeding under this paragraph (a), the respondent must file a copy of the contract, the contracting officer's final decision, and the appellant's claim letter within ten days from the respondent's receipt of the appellant's election. If either party asks for an oral hearing, the Board will promptly schedule a hearing at a mutually convenient time and place, consistent with the 120-day deadline for issuing a decision. If neither party requests a hearing, the appeal will be decided on the written record under Rule 11. (4) After receipt of the appellant's election, the Board will set a schedule to allow for the timely resolution of the appeal. Pleadings, discovery, and other prehearing activities may be restricted or eliminated at the Board's discretion. In so doing, the Board may reserve whatever time it considers necessary to issue a decision. (5) Written decisions issued under this paragraph (a) will contain only summary findings of fact and conclusions of law. Decisions will be issued by one judge. The presiding judge may issue an oral decision at the close of the hearing. If an oral decision is issued, the Board will later provide the parties a written decision confirming the oral decision. The date of the written decision establishes the date for computing payment and filing a motion for reconsideration under § 955.24 (Rule 24). (6) An expedited decision will not be published, will have no precedential value, and, in the absence of fraud, cannot be appealed. (b) The Accelerated Procedure. (2) After receipt of the appellant's election, the Board will set a schedule for further proceedings to allow for the timely resolution of the appeal. The Board may shorten time periods prescribed elsewhere in this part to enable the Board to decide the appeal within 180 days. (3) Written decisions under this procedure will normally include only summary findings of fact and conclusions of law. Decisions will be issued by a single judge with the concurrence of another judge, or by a majority of three judges in the case of a disagreement between the two judges. If the Board has conducted a hearing, and the amount in dispute is $50,000 or less, the presiding judge may, with the concurrence of both parties, convert the appeal to an Expedited Proceeding. The presiding judge may issue an oral decision at the close of the hearing. If an oral decision is issued, the Board will later provide the parties a written decision confirming the oral decision. The date of the written decision establishes the date for computing payment and filing a motion for reconsideration under Rule 24. (c) Denial of election. (d) Motions for reconsideration. (e) Applicability of other Board rules. § 955.13 (Rule 13) Settling the record. (a) The record consists of the appeal file described in Rule 4, and if filed: pleadings, prehearing conference memorandums, orders, briefs, depositions or interrogatories received in evidence, admissions, stipulations, transcripts of conferences and hearings, hearing exhibits, and other documents that the Board has designated as part of the record. (b) Except as the Board may otherwise order, no evidence will be received after the Board has notified the parties that the record is closed. (c) The Board will determine the weight given any evidence. The Board may require either party, with appropriate notice to the other party, to submit additional evidence on any matter relevant to the appeal. (d) The Board may use the Federal Rules of Evidence for guidance in resolving evidentiary disputes. § 955.14 (Rule 14) Discovery. (a) The parties are encouraged to engage in voluntary discovery. For a deposition or other discovery procedure, the Board may issue any order necessary to protect a party or person from annoyance, embarrassment, oppression, or undue burden or expense. Those orders may include limits to the scope, method, time, and place for discovery and provide for protecting confidential information or documents. Except in connection with motions to compel or for a protective order, discovery requests and responses should not be filed with the Board. (b) The Board may limit the type, frequency, extent, and scope of discovery. In doing so, the Board may generally consider whether: (1) The discovery request is unreasonably cumulative or duplicative, or is obtainable from some other more convenient, less burdensome, or less expensive source; (2) The party seeking discovery has had a reasonable opportunity to obtain the information sought; and (3) The discovery request is relevant and proportional to the needs of the case, considering, among other things, the amount in controversy, the parties' resources, and the importance of the issues. (c) The parties must make a good faith effort to resolve discovery disputes informally. A party receiving an objection to a discovery request, or a party that believes another party's response to a discovery request is incomplete or entirely absent, may file a motion to compel a response. A motion to compel must include a statement that the moving party has made a good faith effort to informally resolve the dispute. A motion to compel must also include a copy of each discovery request at issue and any response. (d) A party may ask the Board to impose appropriate sanctions or other remedies if the opposing party: (1) Fails to appear for a deposition at an agreed time and date, or after being served with a proper notice; or (2) Fails, after proper service, to object or answer interrogatories, requests for admission, or requests for the production or inspection of documents, electronically stored information, or tangible things. § 955.15 (Rule 15) Interrogatories, requests for admission, and production and inspection of documents, electronically stored information, and tangible things. (a) Interrogatories. (b) Requests for admissions. (c) Production and inspection of documents, electronically stored information, and tangible things. § 955.16 (Rule 16) Depositions. (a) When permitted. (b) Time, place, and manner. (c) Use as evidence. (d) Expenses. § 955.17 (Rule 17) Hearings. (a) Where and when held. (b) Notice. (c) Unexcused absence. (d) Admission of evidence. (e) Stipulated testimony. (f) Interpreters. (g) Examination of witnesses. (h) Exclusion of witnesses. (1) A party who is an individual; (2) The properly designated representative of a party that is not an individual; (3) A person, such as an expert witness, whose presence is essential to the presentation of a party's case; or (4) A person required by statute to be present. (i) Transcripts. § 955.18 (Rule 18) Copies of evidence and return of exhibits. (a) When books, records, papers, or documents have been received in evidence, a true copy of all or part of the evidence may be substituted for the original either during or at the end of the hearing. (b) After a decision becomes final, the Board may permit the return of original exhibits to the party entitled to possess them. The Board may also require substitution of the original exhibits with copies. § 955.19 (Rule 19) Posthearing briefs. Posthearing briefs may be submitted as ordered by the Board at the end of the hearing. Ordinarily, briefs will be filed simultaneously on a date and by a method established by the Board. The Board may also allow reply briefs. § 955.20 (Rule 20) Representation of the parties. (a) The term appellant (1) Attorneys at law duly licensed in any state, commonwealth, or territory of the United States, or in the District of Columbia may represent any party. Attorneys must register in the Board's electronic filing system and file a notice of appearance. The notice of appearance must include an email address, mailing address, and telephone number for the attorneys. Attorneys must also state the jurisdiction where they are licensed to practice law. (2) Individual appellants may represent themselves. (3) Officers of a corporation may represent the corporation. (4) Members of a partnership or joint venture may represent that entity. (b) The term respondent (c) References to the contractor, appellant, contracting officer, respondent, and parties include respective counsel for the parties, provided an appropriate notice of appearance has been filed. Self-represented parties or attorneys representing either party must inform the Board promptly of any change in their email address, mailing address, or telephone number. § 955.21 (Rule 21) Withdrawal of attorney. An attorney who wishes to withdraw from an appeal must notify the Board. The notice must include the name, email address, mailing address, and telephone number of the person who will assume responsibility for representing the party. § 955.22 (Rule 22) Suspension. (a) If the parties agree, the Board may suspend further proceedings. If, however, the Board is later advised by either party that the reason for the suspension is no longer applicable, the Board may restore the case to its active docket. (b) The Board may suspend proceedings for good cause or to give a contracting officer time to issue a final decision when an appeal has been taken from a deemed denial of a claim. § 955.23 (Rule 23) Decisions. The Board's decisions will be in writing and sent to both parties electronically or by United States mail. Except as required by law, all final orders and decisions are available for public inspection at the Board's office. They are also accessible on the Board's official website and through commercial publishers. The Board's decisions will be made solely on the evidentiary record as described in Rule 13. § 955.24 (Rule 24) Motion for reconsideration. A motion for reconsideration must be filed within 30 days of the moving party's receipt of the Board's decision. A motion for reconsideration must set forth the specific grounds for reconsideration. § 955.25 (Rule 25) Indefinite suspension. In certain cases, appeals need to be suspended indefinitely for reasons not within the Board's control. If the suspension has continued, or it appears that it will continue, for an inordinate length of time, the Board may suspend the appeal. If neither party moves to lift the suspension within one year, the Board may dismiss the appeal with prejudice. § 955.26 (Rule 26) Failure to prosecute. (a) The Board may issue an order to show cause why an appeal should not be dismissed or granted, as appropriate, for failure to prosecute when a party: (1) Fails to file a document required by this part; (2) Fails to respond to notices or correspondence from the Board; (3) Fails to comply with the Board's orders; or (4) Otherwise indicates it will not continue to participate in an appeal. (b) If the offending party fails to show cause, the Board may grant, deny, or dismiss the appeal for failure to prosecute or take any other reasonable action under the circumstances. § 955.27 (Rule 27) Ex parte (a) An ex parte (b) Except as set out in paragraph (c) of this section, no Board judge or staff, party to an appeal, or party representative may have or attempt to have any ex parte (c) Paragraph (b) of this section does not apply to: (1) Consultation among Board judges and staff about an appeal; (2) Communications between the Board's staff and a party or a party's representative about the Board's administrative functions or procedures; or (3) Any event, such as a conference call or a hearing, where a party has received notice of the event and fails to appear. § 955.28 (Rule 28) Sanctions. (a) All parties and their attorneys must comply with the Board's directions and orders and adhere to all applicable standards of conduct. For attorneys, the standards include the rules of professional conduct and ethics of the jurisdictions where the attorneys are licensed to practice law. (b) If a party or its attorney fails to comply with any direction or order issued by the Board, or engages in misconduct, the Board may impose appropriate sanctions. Sanctions may include: (1) Finding disputed facts as true; (2) Denying a party the right to challenge the accuracy of evidence; (3) Denying a party the right to support or oppose a claim or defense; (4) Denying a party the right to introduce evidence; (5) Striking pleadings, in whole or in part; (6) Staying further proceedings; (7) Dismissing or granting the appeal, in whole or in part; and (8) Imposing other appropriate sanctions. (c) The Board may sanction individual attorneys who violate a Board order, direction, or standard of conduct if the violation seriously affects the integrity of the Board, its processes, or its proceedings. Sanctions may be public or private and may include admonishment, disqualification from a particular matter, disqualification from practice before the Board (see 39 CFR part 951), referral to a licensing authority, or other appropriate action under the circumstances. § 955.29 (Rule 29) Subpoenas. (a) General. (1) The deposition of a witness in the city or county where the witness resides, is employed, transacts business in person, or at another convenient location as determined by the Board; (2) The deposition of a witness as described in Rule 30(b)(6) of the Federal Rules of Civil Procedure; (3) The testimony of a witness at a hearing; or (4) The production of documents, electronically stored information, and tangible things, and as appropriate, the appearance of a witness or custodian of those records. (b) Voluntary cooperation. (1) Cooperate and make witnesses and evidence under its control available as requested by the other party, without issuance of a subpoena; and (2) Secure voluntary attendance of third-party witnesses and production of documents, electronically stored information, and tangible things whenever possible. (c) Requests for subpoenas. (i) 15 days before the scheduled deposition of a witness or production by a witness or custodian of documents, electronically stored information, and tangible things; (ii) 30 days before a scheduled hearing; or (iii) Notwithstanding paragraphs (c)(1)(i) and (ii) of this section, the Board may honor requests for subpoenas not made within these time limits. (2) The scope of the request for a subpoena must be reasonable, and the request must describe the general relevance of the request. (d) Requests to quash or modify. (1) The Board may grant a request to quash or modify a subpoena if the subpoena is unreasonable or oppressive. The Board may also quash or modify a subpoena for other good cause shown. (2) The Board may require the person on whose behalf the subpoena was issued to advance the reasonable cost of complying with the subpoena. (3) Notwithstanding paragraphs (d)(1) and (2) of this section, the Board may consider a request to quash or modify a subpoena at any time after a copy has been served on the opposing party. (e) Form and issuance. (i) Include the caption of the appeal; (ii) Identify the person to whom it is directed; (iii) List the time and place of the deposition or hearing; and (iv) Where appropriate, command the person to produce specified documents, electronically stored information, and tangible things. (2) The judge issuing the subpoena may enter the name of the witness and otherwise leave the subpoena blank. The requesting party must then fill in the remaining information before serving the subpoena. (3) If the witness is located in a foreign country, a letters rogatory, letter of request, or subpoena may be issued and served as provided in 28 U.S.C. 1781-84. (f) Service. (2) 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 on an individual must be made by personally delivering a copy to that person and tendering the fees for one day's attendance and the mileage provided by 28 U.S.C. 1821 or other applicable law. (3) The requesting party is responsible for the payment of fees and mileage of the witness and the serving officer. The failure to make payment of such charges on demand may be a sufficient reason for the Board to strike the testimony of the witness and any evidence the witness has produced. (g) Refusal to obey a subpoena. [90 FR 25895, June 18, 2025; 90 FR 29485, July 3, 2025] § 955.30 (Rule 30) Applicability. This part governs proceedings in all appeals docketed by the Board on or after October 1, 2025, and to appeals filed before that date, unless doing so is inequitable or unfair.