[Federal Register Volume 61, Number 145 (Friday, July 26, 1996)]
[Rules and Regulations]
[Pages 39096-39098]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 96-18654]


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GENERAL SERVICES ADMINISTRATION

Board of Contract Appeals

48 CFR Part 6103

RIN 3090-AG05


Rules of Procedure for Transportation Rate Cases

AGENCY: Board of Contract Appeals, General Services Administration.

ACTION: Interim rule.

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SUMMARY: This document specifies the rules of procedure of the GSA 
Board of Contract Appeals applicable to the Board's review of claims 
made by a carrier or freight forwarder pursuant to 31 U.S.C. 
3726(g)(1). The rules are intended to implement section 211 of

[[Page 39097]]

the Legislative Branch Appropriations Act, 1996 (Pub. L. 104-53), which 
transfers certain functions of the Comptroller General to the Office of 
Management and Budget (OMB), and which OMB has delegated to the General 
Services Administration. The Board requests written comments on the 
rules, which will expire one year from the date of publication in the 
Federal Register.

DATES: This rule is effective July 26, 1996. Comments must be submitted 
on or before January 22, 1997.

ADDRESSES: Written comments concerning this interim rule may be mailed 
to Margaret S. Pfunder, GSA Board of Contract Appeals, 18th & F 
Streets, N.W., Washington, DC 20405, or sent electronically by using 
the following Internet address: Margaret.P[email protected].

FOR FURTHER INFORMATION CONTACT:
Margaret S. Pfunder, Deputy Chief Counsel, GSA Board of Contract 
Appeals, (202) 501-0272.

SUPPLEMENTARY INFORMATION:

A. Regulatory Flexibility Act

    The General Services Administration certifies that these revisions 
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.).

B. Paperwork Reduction Act

    The Paperwork Act does not apply because the proposed revisions do 
not impose recordkeeping or information collection requirements, or the 
collection of information from offerors, contractors, or members of the 
public which require the approval of OMB under 44 U.S.C. 3501 et seq.

C. Background

    Effective June 30, 1996, section 211 of the Legislative Branch 
Appropriations Act, 1996 (Pub. L. 104-53), transfers certain functions 
of the Comptroller General to the Director of the Office of Management 
and Budget, and authorizes the Director to delegate any of those 
functions to another agency or agencies. Effective the same date, the 
Director delegated the function contained in 31 U.S.C. 3726(g)(1)--the 
authority to review claims made by a carrier or freight forwarder--to 
the Administrator of General Services, who redelegated that function to 
the Chairman of the GSA Board of Contract Appeals. In addition, the 
Administrator of General Services has delegated to the Board the 
authority to adopt and issue rules necessary for the resolution of 
these claims. This interim rule has been approved by majority vote of 
the Board's members.

List of Subjects in 48 CFR Part 6103

    Administrative practice and procedure, Freight forwarders, 
Government procurement.

    For the reasons set out in the preamble, 48 CFR Part 6103 is added 
to read as follows:

PART 6103--RULES OF PROCEDURE FOR TRANSPORTATION RATE CASES

Sec.
6103.1  Scope [Rule 301].
6103.2  Filing claims [Rule 302].
6103.3  Responses to claims [Rule 303].
6103.4  Reply to OTA and agency responses [Rule 304].
6103.5  Proceedings [Rule 305].
6103.6  Decisions [Rule 306].
6103.7  Reconsideration of Board decision [Rule 307].
6103.8  Payment of successful claims [Rule 308].

    Authority: Sec. 211, Pub. L. 104-53, 109 Stat. 535; 31 U.S.C. 
3726(g)(1); 41 U.S.C. 601-613.


Sec. 6103.1  [Rule 301].

    (a) Authority. Section 211 of the Legislative Branch Appropriations 
Act, 1996, Public Law 104-53, transfers certain functions of the 
Comptroller General to the Director of the Office of Management and 
Budget, and authorizes the Director to delegate any of those functions 
to another agency or agencies. The Director has delegated the function 
contained in 31 U.S.C. 3726(g)(1) to the Administrator of General 
Services, who has redelegated that function to the General Services 
Administration Board of Contract Appeals.
    (b) Type of claim; review of claim. These procedures are applicable 
to the review of claims made by a carrier or freight forwarder pursuant 
to 31 U.S.C. 3726(g)(1). The Board will issue the final agency decision 
on a claim based on the information submitted by the claimant, the 
General Services Administration Office of Transportation Audits (OTA), 
and the department or agency (the agency) for which the services were 
provided. The burden is on the claimant to establish the timeliness of 
its claim, the liability of the agency, and the claimant's right to 
payment.


Sec. 6103.2  Filing claims [Rule 302]

    (a) Form. A claim shall be in writing and must be signed by the 
claimant or by the claimant's attorney or authorized representative. No 
particular form is required. The request should describe the basis for 
the claim and state the amount sought. The request should also include:
    (1) The name, address, telephone number, and facsimile machine 
number, if available, of the claimant;
    (2) The Government bill of lading or Government transportation 
request number;
    (3) The claimant's bill number;
    (4) The Government voucher number and date of payment;
    (5) The OTA claim number;
    (6) The agency for which the services were provided; and
    (7) Any other identifying information.
    (b) Notice of docketing. A request for review will be docketed by 
the Office of the Clerk of the Board, and a written notice of docketing 
will be sent promptly to the claimant, the Director of OTA, and the 
agency for which the services were provided. The notice of docketing 
will identify the judge to who the claim has been assigned.


Sec. 6103.3  Responses to claims [Rule 303].

    (a) Within 30 calendar days after docketing by the Board, OTA and 
the agency for which the services were provided shall each submit to 
the Board:
    (1) A simple, concise, and direct statement of its response to the 
claim;
    (2) Citations to applicable statutes, regulations, and cases; and
    (3) Any additional information deemed necessary to the Board's 
review of the claim.
    (b) A copy of these submissions shall also be sent to the claimant.


Sec. 6103.4  Reply to OTA and agency responses [Rule 304].

    If the claimant wishes to reply to the OTA or agency responses it 
must inform the Board within 10 calendar days after receiving the 
responses. The judge will establish the time frame for submission of 
the reply.


Sec. 6103.5  Proceeding [Rule 305].

    (a) Conferences. The judge will not engage in ex parte 
communications involving the underlying facts or merits of the claim. 
The judge may hold a conference with the claimant, OTA, and the agency 
at any time, for any purpose. The judge may provide the participants a 
memorandum reflecting the results of a conference.
    (b) Additional submissions. The judge may require the submission of 
additional information at any time.


Sec. 6103.6  Decisions [Rule 306].

    The judge will issue a written decision based upon the record, 
which includes submissions by the claimant, OTA, and the agency, and 
information provided during conferences.

[[Page 39098]]

Sec. 6103.7  Reconsideration of Board decision [Rule 307].

    (a) A request for reconsideration may be made by the claimant, OTA, 
or the agency. Such requests must be received by the Board within 15 
calendar days after the date the decision was issued. The request for 
reconsideration should state the reasons why the Board should consider 
the request.
    (b) Requests for reconsideration are not favored. Mere disagreement 
with a decision or re-argument of points already made are not 
sufficient grounds for reconsidering the decision.


Sec. 6103.8  Payment of successful claims [Rule 308].

    The agency for which the services were provided shall pay amounts 
the Board determines are due the claimant.

    Dated: July 18, 1996.
Stephen M. Daniels,
Chairman, GSA Board of Contract Appeals.
[FR Doc. 96-18654 Filed 7-25-96; 8:45 am]
BILLING CODE 6820-AL-M