Viewing an earlier version · effective Sep 17, 2018View current (a) Filing an appeal. A notice of appeal shall be in writing; signed by the appellant, the appellant's attorney, or an authorized representative (see Rule 5 (48 CFR 6101.5)); and filed with the Board, with a copy to the contracting officer who received or issued the claim, or the successor contracting officer. A notice of appeal should include:
- (1) The name, telephone number, and mailing and email addresses of the appellant and/or its attorney or authorized representative;
- (2) The contract number;
- (3) The name of the contracting officer who received or issued the claim, with that person's telephone number, mailing address, and email address;
- (4) A copy of the claim with any certification; and
- (5) A copy of the contracting officer's decision on the claim or a statement that the appeal is from a failure to issue a decision (“a deemed denial”).
(b) Filing a petition. A petition shall be in writing; signed by the petitioner, the petitioner's attorney, or an authorized representative (see Rule 5 (48 CFR 6101.5)); and filed with the Board, with a copy to the contracting officer who received the claim, or the successor contracting officer. A petition shall ask the Board to order the contracting officer to issue a decision and should include:
- (1) The name, telephone number, and mailing and email addresses of the petitioner and/or its attorney or authorized representative;
- (2) The contract number;
- (3) The name of the contracting officer who received the claim, with that person's telephone number, mailing address, and email address; and
- (4) A copy of the claim with any certification.
- (c) Filing an EAJA application. See Rule 30 (48 CFR 6101.30).
(d) Time limits.
- (1) Under the CDA, a notice of appeal must be filed within 90 calendar days after the date of receipt of a contracting officer's decision on a claim.
- (2) Alternatively, under the CDA, a contractor may appeal when a contracting officer has not issued a decision on a claim within the time allowed by the CDA or the time set by a tribunal acting on a petition.
(3) Under the CDA, a petition may be filed in the period between—
- (i) Receipt of notice from a contracting officer, within 60 days after the submission of a claim, that the contracting officer intends to issue a decision on the claim more than 60 days after its submission, and
- (ii) The due date stated by the contracting officer.
- (4) Under EAJA, an application must be filed within 30 days after the date that the decision in the underlying appeal becomes no longer subject to appeal.
- (e) Notice of docketing. Upon receipt of a notice of appeal, a petition, or an application, the Clerk issues a written notice of docketing to all parties.
- (f) Consolidation. The Board may consolidate cases wholly or in part if they involve common questions of law or fact.