§ 955.12 (Rule 12) Optional Small Claims (Expedited) and Accelerated Procedures.

(a) The Small Claims (Expedited) Procedure.

(1) The Expedited Procedure is available solely at the appellant's election. The Board will, whenever possible, decide the appeal within 120 days from receipt of the appellant's written election.

(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(6) An expedited decision will not be published, will have no precedential value, and, in the absence of fraud, cannot be appealed.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.

(1) The Accelerated Procedure is available solely at the appellant's election and applies only to appeals where the amount in dispute is $100,000 or less. A decision under this procedure will, whenever possible, be issued within 180 days after the Board receives written notice of the appellant's election.

(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. At the respondent's request, or on the Board's own initiative, the Board may deny the appellant's election to proceed under either paragraph (a) or (b) of this section. In making that decision, the Board will consider the actual amount in dispute and the appellant's status as a small business.

(d) Motions for reconsideration. Motions for reconsideration under either paragraph (a) or (b) of this section need not be decided within the time periods prescribed for the initial decision.

(e) Applicability of other Board rules. Unless otherwise stated, all other Board rules in this chapter apply to appeals processed under paragraphs (a) and (b) of this section.