48 C.F.R. § 6101.5

6101.5 Appearing; notice of appearance [Rule 5].

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(a) Appearing before the Board—(1) Appellant; petitioner; applicant. An appellant, petitioner, or applicant may appear before the Board through an attorney. An individual appellant, petitioner, or applicant may appear for himself or herself. A corporation, trust, or association may appear by one of its officers. A limited liability corporation, partnership, or joint venture may appear by one of its members. Each individual appearing on behalf of an appellant, petitioner, or applicant must have legal authority to appear.

(2) Respondent. A respondent may appear before the Board through an attorney or, if allowed by the agency, by the contracting officer or the contracting officer's authorized representative.

(3) Others. The Board may permit a special or limited appearance of or for a nonparty, such as an amicus curiae.

(b) Notice of appearance. The Board deems the person who signed a notice of appeal, petition, or application to have appeared for the appellant, petitioner, or applicant. The Board deems the head of the respondent's litigation office to have appeared for the respondent unless otherwise notified. Other participating attorneys shall file notices of appearance including all of the information required by the sample notice of appearance posted on the Board's website. Attorneys representing parties before the Board shall list their bar numbers or other identifying data for each state bar to which they are admitted.

(c) Appellant, applicant, and petitioner withdrawals of appearance. (1) A representative of an appellant, applicant, or petitioner who has filed a notice of appearance, or is deemed to have done so under Rule 5(b) (paragraph (b) of this section), and wishes to withdraw from a case must file a motion identifying by name, telephone number, mailing address, and email address the person who will assume responsibility for representing the party in question. The motion must state grounds for withdrawal, unless the motion represents that the party in question will meet the existing case schedule.

(2) If an appellant, applicant, or petitioner wishes to withdraw a representative who is unable or unwilling to file a motion to withdraw, the party may file a motion to remove the individual as a representative. The party must provide notice to the individual, who will have fourteen days to show cause why the motion should not be granted. The Board will consider the motion only if at least one remaining or replacement representative has entered an appearance in accordance with Rules 5(a) and (b) (paragraphs (a) and (b) in this section).

(d) Respondent withdrawals of appearance. A respondent may withdraw or substitute an attorney or representative at any time by filing a notice of withdrawal and/or substitution of the attorney or representative that is signed by a remaining attorney or representative or a newly designated attorney or representative.

[83 FR 41010, Aug. 17, 2018, as amended at 91 FR 3791, Jan. 28, 2026]

Notes of Decisions

Cited in 6 cases, 1986–2004 · leading case: Grumman Data Sys. Corp. v. John H. Dalton, Sec'y of the Navy, & Intergraph Corp., Intervenor, 88 F.3d 990 (Fed. Cir. 1996).

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Grumman Data Sys. Corp. v. John H. Dalton, Sec'y of the Navy, & Intergraph Corp., Intervenor, 88 F.3d 990 (Fed. Cir. 1996). “There is no dispute that Grumman did not seek clarification of the provision before the end of the procurement process. As mentioned above, during the procurement process at least one offeror submitted an inquiry regarding the meaning of “one million evaluations per second.”

Bannum, Inc. v. United States, 60 Fed. Cl. 718 (Fed. Cl. 2004). “1996) (quoting 48 C.F.R. § 6101.5 (b)(3)(ii) (1994)). Those rules also place upon the disappointed bidder the burden of pleading the timeliness of the protest.”

The United States v. Amdahl Corp., 786 F.2d 387 (Fed. Cir. 1986). “4 While the protest had not been filed within ten days after award of the contract, as required by GSBCA regulation (to be codified at 48 C.F.R. § 6101.5 (b)(3)(ii)), the GSBCA held that it was, nevertheless, timely because it was promptly filed after Amdahl learned of the sale.”

Data Gen. Corp. v. Johnson, 78 F.3d 1556 (Fed. Cir. 1996). · cites it 3× “” 48 C.F.R. § 6101.5 (b)(3)(ii) (1994). They contend that because Data General knew, or should have known, of the allegedly illegal contacts more than 10 days prior to its filing of this protest, i.”

Widnall v. B3H Corp., 75 F.3d 1577 (Fed. Cir. 1996). “” 48 C.F.R. § 6101.5 (b)(3)(ii) (1994). Additionally, the protest “shall include .”

OAO Corp. v. Johnson, 49 F.3d 721 (Fed. Cir. 1995). “48 C.F.R. § 6101.5 (b)(3)(ii), (iii) (1993).”

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