[Federal Register Volume 61, Number 145 (Friday, July 26, 1996)]
[Rules and Regulations]
[Pages 39098-39099]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 96-18655]


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GENERAL SERVICES ADMINISTRATION
48 CFR Part 6104

RIN 3090-AG06


Board of Contract Appeals; Rules of Procedure for Travel and 
Relocation Expenses 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 federal civilian employees against the United States for 
reimbursement of expenses incurred while on temporary duty travel or in 
connection with relocation to a new duty station. The rules are 
intended to implement section 211 of 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 and F 
Streets, NW., 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 Reduction 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. 501 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 some of the functions contained in 31 U.S.C. 3702--
the authority to review claims made against the United States for 
reimbursement of expenses incurred by federal civilian employees while 
on official temporary duty travel or in connection with relocation to a 
new duty station--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 6104

    Administrative practice and procedure, Government procurement, 
Travel and transportation expenses.

    For the reasons set out in the preamble, 48 CFR Part 6104 is added 
to read as follows:

PART 6104--RULES OF PROCEDURE FOR TRAVEL AND RELOCATION EXPENSES 
CASES

Sec.
6104.1  Scope [Rule 401].
6104.2  Filing claims [Rule 402].
6104.3  Response to claim [Rule 403].
6104.4  Reply to agency response [Rule 404].
6104.5  Proceedings [Rule 405].
6104.6  Decisions [Rule 406].
6104.7  Reconsideration of Board decision [Rule 407].
6104.8  Payment of successful claims [Rule 408].

    Authority: Sec. 211, Pub. L. 104-53, 109 Stat. 535; 31 U.S.C. 
3702; 41 U.S.C. 601-613.


Sec. 6104.1  Scope [Rule 401].

    (a) Authority. 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. The Director has delegate some of the 
functions contained in 31 U.S.C. 3702 to the Administrator of General 
Services, who has redelegated those functions to the General Services 
Administration Board of Contract Appeals.
    (b) Types of claims. These procedures are applicable to the review 
of two types of claims made against the United States:
    (1) Claims for reimbursement of expenses incurred while on official 
temporary duty; and
    (2) Claims for reimbursement of expenses incurred in connection 
with relocation to a new duty station.
    (c) Review of claims. Any claim for entitlement to travel or 
relocation expenses must first be filed with the claimant's own 
department or agency (the agency). The agency shall initially 
adjudicate the claim. A claimant disagreeing with the agency's 
determination may request review of the claim by the Board. The burden 
is on the claimant to establish the timeliness of the claim, the 
liability of the agency, and the claimant's right to payment. The Board 
will issue the final decision on a claim based on the information 
submitted by the claimant and the agency.


Sec. 6104.2  Filing claims [Rule 402].

    (a) Filing claims. A claim may be sent to the Board in either of 
the following ways:
    (1) Claim filed by claimant. 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

[[Page 39099]]

request should describe the basis for the claim and state the amount 
sought. The request should also include:
    (i) The name, address, telephone number, and facsimile machine 
number, if available, of the claimant;
    (ii) The name, address, telephone number, and facsimile machine 
number, if available, of the agency employee who denied the claim;
    (iii) A copy of the denial of the claim; and
    (iv) Any other information which the claimant believes the Board 
should consider.
    (2) Claim forwarded by agency on behalf of claimant. If an agency 
has denied a claim for travel or relocation expenses, it may, at the 
claimant's request, forward the claim to the Board. The agency shall 
include the information required by Sec. 6104.3.
    (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 and the agency contact. The 
notice of docketing will identify the judge to whom the claim has been 
assigned.
    (c) Service of copy. The claimant shall send to the agency employee 
identified in paragraph (a)(1)(ii) of this section copies of all 
material provided to the Board. If an agency forwarded a claim to the 
Board, it shall, at the same time, send to the claimant a copy of all 
material sent to the Board.


Sec. 6104.3  Response to claim [Rule 403].

    (a) When a claim has been filed with the Board by a claimant, 
within 30 calendar days after docketing by the Board, the agency shall 
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. 6104.4  Reply to agency response [Rule 404].

    If the claimant wishes to reply to the agency response, it must 
inform the Board within 10 calendar days after receiving the response. 
If the claim has been forwarded by the agency, the claimant shall have 
10 calendar days from the time the claim is docketed by the Board to 
request the opportunity to reply. The judge will establish the time 
frame for submission of the reply.


Sec. 6104.5  Proceedings [Rule 405].

    (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 and the agency 
contact, 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. 6104.6  Decisions [Rule 406].

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


Sec. 6104.7  Reconsideration of Board decision [Rule 407].

    (a) A request for reconsideration may be made by the claimant 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. 6104.8  Payment of successful claims [Rule 408].

    The agency 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. 96-18655 Filed 7-25-96; 8:45 am]
BILLING CODE 6820-AL-M