.09 Time for Filing Appeal.

A. An appeal to the Appeals Board shall be mailed or otherwise filed within 30 days of the receipt of notice of the final decision. The notice shall indicate that an appeal is intended, shall reference the decision from which the appeal is being taken, and shall identify the contract involved.

B. An appeal based upon a failure to reach a decision within the period prescribed in Regulation .04E of this chapter may be filed after the expiration of the prescribed period. If a procurement officer's decision is issued after the expiration of the prescribed period but before a notice of appeal is filed with the Appeals Board, §A of this regulation applies to any subsequent appeal.

C. A copy of the notice of appeal shall be furnished to the procurement officer.

D. An appeal received by the Appeals Board after the time prescribed in §A or B of this regulation may not be considered unless it was sent by registered or certified mail not later than the fifth day before the final date for filing an appeal as specified in §A or B of this regulation. A date affixed by postage meter will not be considered as evidence of the actual mailing date. The only acceptable evidence to establish the date of mailing shall be the U.S. Postal Service postmark on the wrapper or on the original receipt from the U.S. Postal Service. If the postmark is illegible, the appeal shall be deemed to have been filed when received by the Appeals Board.