6101.9 Record; content and access[Rule 9].

Record for decision.(a) The record on which the Board will decide a case includes the following:

Evidence.(1) Evidence in a case includes:

(i) Rule 4 (48 CFR 6101.4) appeal file exhibits other than those to which an objection is sustained;

(ii) Other documents or parts thereof admitted as evidence;

(iii) Tangible things admitted as evidence;

(iv) Transcripts or recordings of testimony before the Board; and

(v) Factual stipulations and factual admissions.

Other material.(2) The Board may also rely on to decide a case:

(i) The notice of appeal, petition, or application;

(ii) The complaint, answer, and amendments thereto;

(iii) Motions and briefs on motions;

(iv) Other briefs;

(v) Illustrative aids; and

(vi) Anything else the Board may expressly admit or take notice of.

Other contents of case file.(b) The Board's administrative record may be broader than the record for decision. Material in the Board's case file that is not listed in Rule 9(a) (48 CFR 6101.9(a)) is part of the administrative record but is not part of the record for decision.

Enlarging or reopening the record.(c) The Board may enlarge or reopen the record for decision on terms fair to the parties.

Protected and in camera submissions.(d) The Board may limit access to specified material in a record for decision.

Protective orders.(1) The Board may limit access to specified material in a record for decision if the Board finds good cause to treat the material as privileged, confidential, or otherwise sensitive.

In camera submissions.in camera(2) The Board may allow a party to submit a document solely for the Board's review if:

(i) The party submits the document to explain a discovery dispute;

(ii) The Board denies a motion for protective order, and the movant asks that the record include a document that the party would have used in the case with a protective order, for possible later review of the Board's denial; or

in camera(iii) Good cause exists to find that review may limit or prevent needless harm to a party, witness, or other person.

Status in record.in camerain camera(3) A document submitted and accepted under a protective order or is part of the record for decision. If the Board's decision is judicially reviewed, the Board will endeavor to preserve the protected or nature of the document to the extent consistent with judicial review.

Access.(e) Parties may access case records in EDS. The Clerk may refer non-parties seeking case records to the parties or Board staff, as appropriate.

[83 FR 41010, Aug. 17, 2018, as amended at 91 FR 3792, Jan. 28, 2026]