§ 955.4 (Rule 4) Appeal file.

(a)

Appeal file.

Within 30 days of receipt of the Board's docketing notice, or such other period as the Board may order, the Postal Service must file an appeal file consisting of all documents relevant to the appeal. The appeal file should include:

(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.

Within 30 days after receipt of the appeal file, the appellant may supplement the appeal file with any additional relevant documents. The supplement should be organized as set forth in paragraph (c) of this section, starting with the next available exhibit number.

(c)

Organization of the appeal file.

Exhibits in the appeal file (and any supplements) must be consecutively numbered, indexed, and, where practicable, arranged chronologically. Each exhibit without internal page numbers must have page numbers added beginning at page “1.” The index should describe each exhibit by date, content, and page range.

(d)

Lengthy exhibits.

The Board may waive the requirement to exchange or file bulky, lengthy, or oversized documents or tangible evidence on a showing of impracticality or undue burden. Documents or tangible evidence subject to a waiver will be available for inspection at the Board.

e page numbers added beginning at page “1.” The index should describe each exhibit by date, content, and page range.

(d)

Lengthy exhibits.

The Board may waive the requirement to exchange or file bulky, lengthy, or oversized documents or tangible evidence on a showing of impracticality or undue burden. Documents or tangible evidence subject to a waiver will be available for inspection at the Board.

(e)

Status of exhibits in the appeal file.

Exhibits in the appeal file are considered, without further action by the parties, as part of the record the Board will consider in its decision. A party may, however, object to the admissibility of a particular exhibit reasonably in advance of a hearing, the settling of the record, or such other date as ordered by the Board. An objection to an exhibit must provide a specific reason. If a timely objection is made, and after giving the non-objecting party an opportunity to respond, the Board may constructively remove the exhibit from the appeal file. The party offering the exhibit may then offer it into evidence under §§ 955.13 and 955.17 (Rules 13 and 17).