[Federal Register Volume 60, Number 177 (Wednesday, September 13, 1995)]
[Proposed Rules]
[Pages 47514-47515]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 95-22634]



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POSTAL SERVICE

39 CFR Part 955


Rules of Practice Before the Board of Contract Appeals

AGENCY: Board of Contract Appeals, Postal Service.

ACTION: Proposed rule.

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SUMMARY: This document contains proposed revisions to certain rules of 
practice of the Postal Service Board of Contract Appeals (Board). These 
revisions would implement provisions of the Federal Acquisition 
Streamlining Act of 1994, which amended the Contract Disputes Act of 
1978, under which the Board adjudicates contract disputes. These 
revisions would increase the maximum amount that may be in dispute for 
appeals to qualify for consideration under the small claims and 
accelerated procedures of boards of contract appeals.

DATES: Comments must be received on or before November 13, 1995.

ADDRESSES: Written comments should be mailed or delivered to the 
Judicial Officer Department, U.S. Postal Service, 475 L'Enfant Plaza 
SW, Washington, DC 20260-6100. Comments received will be available at 
the above address for inspection and photocopying between 9 a.m. and 4 
p.m., Monday through Friday.

FOR FURTHER INFORMATION CONTACT: Dennis E. Wiessner, Jr., or J. Brett 
Golden, 202-268-5438.

SUPPLEMENTARY INFORMATION:

Background

    This document contains proposed revisions to the rules of practice 
of the Postal Service Board of Contract Appeals (Board). These 
revisions would implement certain provisions of the Federal Acquisition 
Streamlining Act of 1994 (Pub. L. 103-355) (FASA), which amended 
sections 8(f) and 9(a) of the Contract Disputes Act of 1978 (41 U.S.C. 
601-613), under which the Board adjudicates contract disputes. These 
revisions would increase the maximum amount that may be in dispute for 
appeals to qualify for consideration under the small claims and 
accelerated procedures of boards of contract appeals.
    The Postmaster General has delegated to the Board the authority to 
adopt and issue rules necessary to resolve contract disputes under the 
Contract Disputes Act of 1978. 39 CFR 955.1(d).

Effective Date

    Pursuant to sections 10001 and 10002 of the FASA, the Board 
proposes to make the revised rules, as well as sections 2351(c) and (d) 
of the FASA, applicable to all pending appeals and to those appeals 
filed on or after October 1, 1995. However, comments will be considered 
for November 13, 1995.

Proposed Changes

    The monetary limit of the eligibility requirement for the small 
claims (expedited) procedure is increased from $10,000 to $50,000 (39 
CFR 955.13(b)(1), (c)(1)). The monetary limit of the eligibility 
requirement for the accelerated procedure is increased from $50,000 to 
$100,000 (39 CFR 955.13(b)(2), (d)(1), (d)(3)).

List of Subjects in 39 CFR Part 955

    Administrative practices and procedure, Postal Service.

    For the reasons set forth in the preamble, the Postal Service 
proposes to amend 39 CFR part 955 as follows:

PART 955--RULES OF PRACTICE BEFORE THE BOARD OF CONTRACT APPEALS
    1. The authority citation for 39 CFR part 955 is revised to read as 
follows:


    Authority: 39 U.S.C. 204, 401; 41 U.S.C. 607, 608.

    2. Section 955.9 is amended by revising the second sentence to read 
as follows:


Sec. 955.9  Hearing election.

    * * * In appropriate cases, the appellant shall also elect whether 
he desires the optional small claims (expedited) procedure or 
accelerated procedure prescribed in Sec. 955.13.


Sec. 955.13  [Removed]

    3. Section 955.13 is removed.


Sec. 955.36  [Redesignated as Sec. 955.13]

    4. Section 955.36 is redesignated as Sec. 955.13 and amended by 
revising the first sentence of paragraphs (b)(1) and (b)(2); by 
revising paragraph (c)(1) and the first sentence of (c)(2)(ii) and the 
fourth sentence of paragraph (c)(4); by revising paragraph (d)(1) and 
the third sentence of (d)(3); by revising paragraph (e); and by adding 
paragraph (f), as follows: 

[[Page 47515]]



Sec. 955.13  Optional small claims (expedited) and accelerated 
procedures.

* * * * *
    (b) Elections to Utilize small claims (expedited) and accelerated 
Procedure.
    (1) In appeals where the amount in dispute is $50,000 or less, the 
appellant may elect to have the appeal processed under a small claims 
(expedited) procedure requiring decision of the appeal, whenever 
possible, within 120 days after the Board receives written notice of 
the appellant's election to utilize this procedure. * * *
    (2) In appeals where the amount in dispute is $100,000 or less, the 
appellant may elect to have the appeal processed under an accelerated 
procedure requiring the decision of the appeal, whenever possible, 
within 180 days after the Board receives written notice of the 
appellant's election to utilize this procedure. * * * 
    (c) The small claims (expedited) Procedure.
    (1) This procedure shall apply only to appeals where the amount in 
dispute is $50,000 or less as to which the appellant has elected the 
small claims (expedited) procedure.
    (2) * * * (ii) within 5 days after the Board has acknowledged 
receipt of the notice of election, either party desiring an oral 
hearing shall so inform the Board. * * *
* * * * *
    (4) * * * Whenever such an oral decision is rendered, the Board 
will subsequently furnish the parties a typed copy of such oral 
decision for the record and payment purposes and for the establishment 
of the commencement date of the period for filing a motion of 
reconsideration under Sec. 955.30.
* * * * *
    (d) The accelerated Procedure.
    (1) This procedure shall apply only to appeals where the amount in 
dispute is $100,000 or less as to which the appellant has made the 
requisite election.
* * * * *
    (3) * * * Alternatively, in cases where the amount in dispute is 
$50,000 or less as to which the accelerated procedure has been elected 
and in which there has been a hearing, the single Administrative Judge 
presiding at the hearing may, with the concurrence of both parties, at 
the conclusion of the hearing and after entertaining such oral 
arguments as he deems appropriate, render on the record oral summary 
findings of fact, conclusions, and a decision of the appeal. * * *
    (e) Motions for Reconsideration in Cases Arising Under Sec. 955.13. 
Motions for reconsideration of cases decided under either the small 
claims (expedited) procedure or the accelerated procedure need not be 
decided within the time periods prescribed by this Sec. 955.13 for the 
initial decision of the appeal, but all such motions shall be processed 
and decided rapidly so as to fulfill the intent of this section.
    (f) Except as herein modified, the rules of this part 955 otherwise 
apply in all aspects.


Sec. 955.35  [Removed]

    Section 955.35 is removed.


Sec. 955.37  [Redesignated as 955.35]

    6. Section 955.37 is redesignated as Sec. 955.35.
    7. New Sec. 955.36 is added to read as follows:


Sec. 955.36  Effective Dates and applicability.

    The provisions of Secs. 955.9 and 955.13 took effect [date of 
publication of final rule in the Federal Register]. Pursuant to the 
Contract Disputes Act of 1978 (41 U.S.C. 601-613), Secs. 955.13 and 
955.35 apply to appeals relating to contracts entered into on or after 
March 1, 1979. All other provisions of this part 955 took effect 
February 18, 1976. Except as otherwise directed by the Board, these 
rules shall not apply to appeals docketed prior to their effective 
date.
Stanley F. Mires,
Chief Counsel, Legislative.
[FR Doc. 95-22634 Filed 9-12-95; 8:45 am]
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