[Federal Register: August 22, 2005 (Volume 70, Number 161)]
[Rules and Regulations]
[Page 48882-48883]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr22au05-22]
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GENERAL SERVICES ADMINISTRATION
48 CFR Part 6101
[GSABCA Amendment 2005-01; BCA Case 2005-61-1]
Board of Contract Appeals; Rules of Procedure of the General
Services Administration Board of Contract Appeals
AGENCY: Board of Contract Appeals, General Services Administration
(GSA).
ACTION: Final rule.
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SUMMARY: This document contains final revisions to the rules governing
proceedings before the General Services Administration Board of
Contract Appeals (Board). The Board is revising the language regarding
the processing of awards for payment in contract appeals. The Board, by
majority vote, has adopted this revised rule pursuant to its authority
contained in the Contract Disputes Act of 1978 (41 U.S.C. 601-613).
DATES: Effective Date: August 22, 2005.
FOR FURTHER INFORMATION CONTACT Margaret S. Pfunder, Chief Counsel, GSA
Board of Contract Appeals, telephone (202) 501-0272, internet address
margaret.pfunder@gsa.gov. Please cite GSABCA Amendment 2005-01, BCA
Case 2005-61-1.
SUPPLEMENTARY INFORMATION:
A. Background
Section 6101.36 is amended to conform to procedures required by the
Department of the Treasury in processing awards for payment from the
Judgment Fund. The Contract Disputes Act of 1978, 41 U.S.C. 612,
provides that a monetary award to a contractor from
[[Page 48883]]
a Board of Contract Appeals shall be paid promptly from the Judgment
Fund. The Department of the Treasury's Financial Management Service
(FMS), through the Treasury Financial Manual, volume I, part 6, chapter
3100, requires that the Government agency ``responsible for defending
the United States'' in litigation or ``authorized to settle the claim''
in administrative actions submit completed copies of specified forms to
FMS in order to process payment of monetary awards from the Judgment
Fund. These requirements have superseded the procedures contained in
section 6101.36, and the revised section 6101.36 reflects these
requirements. This revision only affects paragraphs (c) and (d) of
section 6101.36.
This is not a significant regulatory action and, therefore, was not
subject to review under Section 6(b) of Executive Order 12866,
Regulatory Planning and Review, dated September 30, 1993. This rule is
not a major rule under 5 U.S.C. 804.
B. Regulatory Flexibility Act
The General Services Administration certifies that this final rule
will not have a significant economic impact on a substantial number of
small entities within the meaning of the Regulatory Flexibility Act, 5
U.S.C. 601, et seq., because the rule does not impose any additional
costs on either small or large businesses.
C. Paperwork Reduction Act
The Paperwork Reduction Act does not apply because the changes do
not impose recordkeeping or information collection requirements, or
otherwise collect information from offerors, contractors, or members of
the public that require approval of the Office of Management and Budget
under 44 U.S.C. 3501, et seq.
List of Subjects in 48 CFR Part 6101
Administrative practice and procedure, Government procurement.
Dated: August 15, 2005.
Stephen M. Daniels,
Chairman, Board of Contract Appeals, General Services Administration.
0
Therefore, GSA amends 48 CFR part 6101 as set forth below:
PART 6101--RULES OF PROCEDURE OF THE GENERAL SERVICES ADMNISTRATION
BOARD OF CONTRACT APPEALS (STANDARD PROCEEDINGS)
0
1. The authority citation for 48 CFR part 6101 continues to read as
follows:
Authority: 41 U.S.C. 601-613.
0
2. Amend section 6101.36 by revising paragraphs (c) and (d) to read as
follows:
6101.36 Payment of Board awards [Rule 136].
* * * * *
(c) Procedure for filing of certificates of finality. Whenever the
Board issues a decision or an order awarding a party any amount of
money, it will attach to the copy of the decision sent to each party
forms such as those illustrated in the appendix to this part. The
conditions for payment prescribed in paragraph (b)(1) of this section
are satisfied if each of the parties returns a completed and duly
executed copy of this form to the Board. When the form is executed on
behalf of an appellant or applicant by an attorney or other
representative, proof of signatory authority shall also be furnished.
Upon receipt of completed and duly executed Certificates of Finality
from the parties, the Board will forward a copy of each such
certificate (together with proof of signatory authority, if required)
and a certified copy of its decision to the responsible agency for
certification and transmission to the United States Department of the
Treasury for payment.
(d) Procedure in absence of certificate of finality. When one or
both of the parties fails to submit a duly executed Certificate of
Finality, but the conditions for payment have been satisfied as
provided in paragraph (b)(2) of this section, the appellant or
applicant may file a written request that the Board forward its
decision to the responsible agency for certification and transmission
to the United States Department of the Treasury for payment. Thereupon,
the Board will forward a copy of that request and a certified copy of
its decision to the responsible agency.
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[FR Doc. 05-16479 Filed 8-19-05; 8:45 am]
BILLING CODE 6820-AL-S