[Federal Register Volume 60, Number 226 (Friday, November 24, 1995)]
[Rules and Regulations]
[Pages 57938-57939]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 95-28365]



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POSTAL SERVICE

39 CFR Part 955


Rules of Practice Before the Board of Contract Appeals

AGENCY: Postal Service.

ACTION: Final rule.

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SUMMARY: On September 13, 1995, the Postal Service published in the 
Federal Register (60 FR 47514-47515) for public comment a proposed rule 
to revise the rules of practice of the Postal Service Board of Contract 
Appeals (Board). The Postal Service is now issuing a final rule that 
revises certain rules of practice of the Postal Service Board. These 
revisions implement 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 increase 
the maximum amount that may be in dispute for appeals to qualify for 
consideration under the small claims (expedited) and accelerated 
procedures of boards of contract appeals. Minor editorial revisions and 
corrections of typographical errors are also included in this final 
rule.

EFFECTIVE DATE: October 1, 1995.
    Applicability: Pursuant to sections 10001 and 10002 of the FASA, 
the Board made the revised rules, as well as sections 2351(c-d) of the 
FASA, applicable to all pending appeals and to those appeals filed on 
or after October 1, 1995.

FOR FURTHER INFORMATION CONTACT: Dennis E. Wiessner, Jr., Staff 
Counsel, Judicial Officer Department, 202-268-5438.

SUPPLEMENTARY INFORMATION: On September 13, 1995, the Postal Service 
published in the Federal Register (60 FR 47514-47515) for public 
comment a proposed rule to revise the rules of practice of the Postal 
Service Board of Contract Appeals (Board). The revisions implement 
certain provisions of the Federal Acquisition Streamlining Act of 1994 
under which the Board adjudicates contract disputes. These revisions 
increase the maximum amount that may be in dispute for appeals to 
qualify for consideration under the small claims (expedited) and 
accelerated procedures of the boards of contract appeals.
    The proposed rule prescribed a 60-day comment period ending 
November 13, 1995, and invited comments from all interested parties. No 
comments were received during that period. Therefore, no changes, other 
than minor editorial revisions and correction of typographical errors, 
have been made in the final rule. The Postal Service is now publishing, 
as a final rule, the Rules of Practice before the Board of Contract 
Appeals, to be codified at part 955 of title 39 of the Code of Federal 
Regulations.

List of Subjects in 39 CFR Part 955

    Administrative practice and procedure, Postal Service.

    For the reasons set forth in the preamble, the Postal Service 
amends and revises part 955 as follows:

PART 955--[AMENDED]

    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.


Sec. 955.1  [Amended]

    2. Section 955.1 is amended by revising the first sentence of 
paragraph (a), paragraph (b)(1), the first sentence of paragraph 
(b)(2), and paragraph (d)(5) to read as follows:
    (a) Jurisdiction for considering appeals. The U.S. Postal Service 
Board of Contract Appeals (Board) shall consider and determine appeals 
from decisions of contracting officers arising under contracts which 
contain provisions requiring the determination of appeals by the 
Postmaster General or his duly authorized representative or board. * * 
*
    (b) Organization and location of the Board. (1) The Board is 
located in Washington, DC, and its mailing address is 475 L'Enfant 
Plaza, SW., Washington, DC 20260-6100.
    (2) The Board consists of the Judicial Officer as Chairman, the 
Associate Judicial Officer as Vice Chairman, and the Administrative 
Judges of the Postal Service. * * *
* * * * *
    (d) * * *
    (5) Place of filings. Unless the Board otherwise directs, all 
notices of appeal, pleadings and other communications shall be filed 
with the Recorder of the Board at its offices in the United States 
Postal Service Headquarters Building, 475 L'Enfant Plaza, SW., 
Washington, DC 20260-6100.
* * * * *
    3. 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]

    4. Section 955.13 is removed.
    5. Section 955.18 is amended by revising the first sentence to read 
as follows:


Sec. 955.18  Where and when held.

    Hearings will ordinarily be held in the Washington, DC, area, 
except that upon request seasonably made and upon good cause shown, the 
Board may set the hearing at another location. * * *


Sec. 955.35  [Removed]

    6. Section 955.35 is removed. 

[[Page 57939]]



Sec. 955.36  [Redesignated as Sec. 955.13 and Amended]

    7. 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 paragraph 
(c)(2)(ii) and the fourth sentence of paragraph (c)(4); by revising 
paragraph (d)(1) and the third sentence of paragraph (d)(3); by 
revising paragraph (e); and by adding paragraph (f), as follows:


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

* * * * *
    (b) * * *
    (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) * * *
    (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 for 
reconsideration under Sec. 955.30.
* * * * *
    (d) * * *
    (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. 955.37  [Redesignated as Sec. 955.35]

    8. Section 955.37 is redesignated as Sec. 955.35.
    9. Redesignated Sec. 955.35 is amended by revising the introductory 
text of paragraph (a) to read as follows:


Sec. 955.35  Subpoenas.

    (a) General. Upon written request of either party filed with the 
Recorder or on his own initiative, the Administrative Judge to whom a 
case is assigned or who is otherwise designated by the Chairman may 
issue a subpoena requiring: * * *
* * * * *


Sec. 955.36  [Added]

    10. 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 on October 1, 
1995. Pursuant to the Contract Disputes Acts 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 dates.
Stanley F. Mires,
Chief Counsel, Legislative.
[FR Doc. 95-28365 Filed 11-22-95; 8:45 am]
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