(a) The Board may decline review of any case whenever in its
judgment review would be inappropriate because of
lack of timeliness, the nature of the relief sought, the case involves
only settled issues of law, the appeal is frivolous on its face, or
other reasons. A case will be reviewed upon the affirmative vote of one
member.
(b) In issuing its decision the Board will take into consideration
procurement deadlines where appropriate. The Board shall pass upon the
points raised in the petition upon the basis of the entire record before
it. The Board may affirm, modify or set aside, in whole or in part, the
decision under review and shall issue a decision including a statement
of reasons or bases for the actions taken. The Board shall modify or set
aside findings of fact only when it determines that those findings are
not supported by a preponderance of the evidence. In any remand of a
case as provided in Sec. 8.1(e) of this title, the Board shall include
any appropriate instructions.
