6101.4 Appeal file [Rule 4].6101.4 Appeal file [Rule 4].
(a) Filing. Within 30 days after receiving the Board's docketing notice, the respondent shall file and serve all documents relevant to the appeal, including:
(1) The contracting officer's decision on the claim;
(2) The contract, including all pertinent specifications, amendments, plans, drawings, and incorporated proposals or parts thereof;
(3) All correspondence between the parties relevant to the appeal;
(4) The claim with any certification;
(5) Relevant affidavits, witness statements, or transcripts of testimony taken before the appeal;
(6) All documents relied on by the contracting officer to decide the claim; and
(7) Relevant internal memoranda, reports, and notes.
(b) Organization of electronic appeal file. (1) Unless otherwise ordered, parties shall file the appeal file and supplements thereto in an electronic storage medium (e.g., hard disk or solid state drive, compact disc (CD), or digital versatile disc (DVD)), labeled with the docket number, case name, and range of exhibit numbers.
(2) A party may efile an appeal file or a supplement thereto by permission of the Board.
(3) Appeal file exhibits shall be in .pdf format or will be rejected. The appeal file index and each exhibit shall be separate documents, without embedded documents.
(4) Appeal file exhibits shall be complete, legible, arranged in chronological order, numbered, and indexed. Parties shall avoid filing duplicative exhibits and shall number exhibits continuously and consecutively from one filing to the next, so that a complete appeal file consists of one set of consecutively numbered exhibits.
(5) Parties shall number the pages of each exhibit consecutively, unless an exhibit is already paginated in another logical manner.
(6) The appeal file index shall describe each exhibit by date and content.
(7) Parties may file documents in camera only by permission of the Board.
(c) Organization of paper appeal file. (1) Appeal files and supplements thereto may be filed on paper only by permission of the Board.
(2) Appeal file exhibits shall be complete, legible, arranged in chronological order, tabbed, and indexed. Parties shall avoid filing duplicative exhibits and shall number exhibits continuously and consecutively from one filing to the next, so a complete appeal file consists of one set of consecutively tabbed exhibits.
(3) Parties shall number the pages of each paper exhibit consecutively, unless an exhibit is already paginated in another logical manner.
(4) Parties shall file exhibits in 3-ring binders with spines no wider than 3 inches, labeled on the cover and spine with the name of the appeal, CBCA number, and tab numbers in each binder. Include in each binder the index of the entire filing.
(5) The appeal file index shall describe each exhibit by date and content.
(6) Parties shall separately file and index documents submitted in camera or under a protective order. However, documents may be submitted in camera only by permission of the Board.
(d) Supplements. Within 30 days after the respondent files the appeal file, the appellant may file non-duplicative documents relevant to the claim, organized as instructed in Rule 4(b) or (c) (paragraph (b) or (c) of this section), starting with the next available exhibit number.
(e) Classified or protected material. Neither classified nor protected material may be efiled.
(f) Submission by order. The Board may order a party to supplement the appeal file, including by filing an exhibit in another format.
(g) Status of exhibits. The Board considers appeal file exhibits part of the record for decision under Rule 9(a) unless a party objects to an exhibit within the time set by the Board and the Board sustains the objection.
(h) Other procedures. The Board may postpone or waive the filing of an appeal file.