[Federal Register Volume 61, Number 59 (Tuesday, March 26, 1996)]
[Rules and Regulations]
[Pages 13280-13281]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 96-7089]




[[Page 13279]]

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Part VI





Department of Housing and Urban Development





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Office of the Secretary



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24 CFR Part 20



Board of Contract Appeals Rule Revisions; Final Rule

  Federal Register / Vol. 61, No. 59 / Tuesday, March 26, 1996 / Rules 
and Regulations  

[[Page 13280]]


DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT

Office of the Secretary

24 CFR Part 20

[Docket No. FR-4013-F-01]
RIN 2501-AC16


Board of Contract Appeals Rule Revisions

AGENCY: Office of the Secretary, HUD.

ACTION: Final rule.

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SUMMARY: This final rule revises HUD's Board of Contract Appeals 
regulations in 24 CFR part 20 to increase certain monetary amounts that 
are required by the Federal Acquisition Streamlining Act of 1994.

EFFECTIVE DATE: April 25, 1996.

FOR FURTHER INFORMATION CONTACT: David T. Anderson, Chairman, HUD Board 
of Contract Appeals, Room 2131, U.S. Department of Housing and Urban 
Development, Washington, DC 20410-0001; telephone (202) 927-5110. (This 
number is not a toll-free number.) For hearing- or speech-impaired 
persons, this number may be accessed via TTY by contacting the Federal 
Information Relay Service at 1-800-877-8339.

SUPPLEMENTARY INFORMATION:

Amendments Made by This Rule

    This final rule revises the rules of the Department of Housing and 
Urban Development Board of Contract Appeals. The revisions to Rule 1, 
2, 12.1 and Rule 12.3, increasing certain monetary amounts, are 
required by the Federal Acquisition Streamlining Act of 1994 (Pub. L. 
103-355, approved October 13, 1994), which amended the Contract 
Disputes Act of 1978, 41 U.S.C. 601-613. Rule 6 has been revised in the 
interests of judicial efficiency and fairness, holding the Government 
to the same obligation with respect to filings as the Appellant. 
Finally, Section 20.3 of the Board Rules has been revised to note 
changes in the Board's physical location and facsimile number, and to 
note the availability of alternative dispute resolution procedures and 
the applicability of the Equal Access to Justice Act.

Justification for Final Rulemaking

    In general, the Department publishes a rule for public comment 
before issuing a rule for effect, in accordance with its own 
regulations on rulemaking at 24 CFR part 10. However, part 10 provides 
for exceptions from that general rule where the Department finds good 
cause to omit advance notice and public comment is ``impracticable, 
unnecessary, or contrary to the public interest'' (24 CFR 10.1). The 
Department finds that good cause exists to publish this rule for effect 
without first soliciting public comment because the statutory 
provisions are self-executing and prior public comment is unnecessary. 
The rule only updates the current regulations to comply with the 
Federal Acquisition Streamlining Act of 1994.

Other Matters

Environmental Impact

    An environmental finding under section 102(2)(C) of the National 
Environmental Policy Act (42 U.S.C. 4321-4347) and 24 CFR Part 50 is 
categorically excluded under Sec. 50.20(k) because this rule only 
revises internal administrative procedures of the Department.

Regulatory Flexibility Act

    The Secretary, in accordance with the Regulatory Flexibility Act (5 
U.S.C. 605(b)), has reviewed and approved this rule, and in so doing 
certifies that this rule will not have a significant economic impact on 
a substantial number of small entities. This rule only revises the 
Department's Board of Contract Appeals rules.

Family Impact

    The General Counsel, as the Designated Official under Executive 
Order 12606, The Family, has determined that this final rule will not 
have a potential, direct, significant impact on family formation, 
maintenance, and general well-being; therefore, it is not subject to 
review under this order.

Federalism

    The General Counsel, as the Designated Official under section 6(a) 
of Executive Order 12612, Federalism, has determined that the policies 
contained in this final rule will not have significant federalism 
implications and thus are not subject to review under the order. This 
final rule will not interfere with or preempt State or local government 
functions.

List of Subjects in 24 CFR Part 20

    Administrative practice and procedure, Government contracts, 
Organization and functions (Government agencies).

    Accordingly, 24 CFR part 20 is amended as follows:

PART 20--BOARD OF CONTRACT APPEALS

    1. The authority citation for part 20 has been revised to read as 
follows:

    Authority: 41 U.S.C. 601-613; 42 U.S.C. 3535(d).

    2. In Sec. 20.3, paragraph (a) is revised to read as follows:


Sec. 20.3  Organization and location of the Board.

    (a) Location. The Board's mailing address is: Board of Contract 
Appeals, U.S. Department of Housing and Urban Development, Room 2131, 
451 Seventh Street, S.W., Washington, D.C. 20410-0001. For items 
requiring non-postal delivery, the Board is located in Room 3229, 1201 
Constitution Ave., N.W. 20001. The telephone number of the Board is 
(202) 927-5110. (This is not a toll-free number.) For learning- or 
speech-impaired persons, this number may be accessed via TTY by 
contacting the Federal Information Relay Service at 1-800-877-8339. The 
facsimile number is (202) 927-6257.
* * * * *
    3. Section 20.10 is amended by:
    a. Designating the undesignated paragraph as paragraph (a); and
    b. Adding new paragraphs (b), (c) and (d), as follows:


Sec. 20.10  Rules.

    (a) * * *
    (b) Filing Requirements. A party shall file with the Board one 
original of any pleading or motion. That party shall simultaneously 
serve upon the other party of record one copy of that pleading or 
motion filed with the Board. Filings may be transmitted to the Board 
via facsimile. However, the original of any document transmitted to the 
Board by facsimile shall simultaneously be mailed to the Board.
    (c) Alternative Disputes Resolution. The Administrative Dispute 
Resolution Act authorizes and encourages Federal agencies to use 
mediation, conciliation, arbitration, and other techniques for the 
prompt and informal resolution of disputes. With the mutual consent of 
the parties, the Board may assist in the resolution of disputes by 
Alternative Dispute Resolution (ADR) procedures. The utilization of ADR 
procedures shall not relieve the parties from the filing requirements 
or other orders of the Board relating to a contract appeal duly 
docketed before the Board.
    (d) Equal Access to Justice Act. The Equal Access to Justice Act 
provides that agencies which conduct adversary adjudications ``shall 
award, to a prevailing party other than the United States, fees and 
other expenses incurred

[[Page 13281]]
by that party in connection with that proceeding, unless the 
adjudicative officer of the agency finds that the position of the 
agency was substantially justified or that special circumstances make 
an award unjust.'' 5 U.S.C. Sec. 504. Prevailing parties in proceedings 
before the Board may apply for an award under the Act following the 
issuance by the Board of its final decision in the appeal.
* * * * *

Rule 1 [Amended]

    4. In paragraphs (b) and (c) of Rule 1. ``Appeals, how taken.'' of 
Sec. 20.10, ``$50,000'' is revised to read ``$100,000'' wherever it 
appears.

Rule 2 [Amended]

    5. In the last sentence of Rule 2 ``Notice of appeal, contents 
of.'' of Sec. 20.10, ``$50,000'' is revised to read ``$100,000.''

Rule 6 [Amended]

    6. In paragraph (b) of Rule 6. ``Pleadings.'' of Sec. 20.10, the 
last sentence of paragraph (b) is removed.

Rule 12.1 [Amended]

    7. In paragraph (a) of Rule 12.1. ``Elections to utilize small 
claims (expedited) and accelerated procedures.'' of Sec. 20.10, 
``$10,000'' is revised to read ``$50,000'' wherever it appears and in 
paragraph (b) ``$50,000'' is revised to read ``$100,000'' wherever it 
appears.

Rule 12.3 [Amended]

    8. In paragraph (c) of Rule 12.3. ``The accelerated procedure.'' of 
Sec. 20.10, ``$10,000'' is revised to read ``$50,000'' wherever it 
appears.

    Dated: March 7, 1996.
Henry G. Cisneros,
Secretary.
[FR Doc. 96-7089 Filed 3-25-96; 8:45 am]
BILLING CODE 4210-32-P