[Federal Register Volume 61, Number 246 (Friday, December 20, 1996)]
[Rules and Regulations]
[Pages 67241-67242]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 96-32278]


=======================================================================
-----------------------------------------------------------------------

GENERAL SERVICES ADMINISTRATION

48 CFR Part 6104

RIN 3090-AG29


Board of Contract Appeals; Rules of Procedure for Travel and 
Relocation Expenses Cases

AGENCY: Board of Contract Appeals, General Services Administration.

ACTION: Interim rule.

-----------------------------------------------------------------------

SUMMARY: This document specifies the procedures the GSA Board of 
Contract Appeals will apply to the Board's review of a request from an 
agency disbursing or certifying official, or agency head, for a Board 
decision on a question involving a payment the official will make, or a 
voucher presented to a certifying official for certification, which 
concerns a claim against the agency for reimbursement of expenses 
incurred by a federal civilian employee while on official temporary 
duty or in connection with relocation to a new duty station.

DATES: This rule is effective December 20, 1996, and will expire on 
July 26, 1997. 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 this revision 
will not have a significant economic impact on a substantial number of 
small entities

[[Page 67242]]

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 
revision does 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

    Until recently amended by section 204 of the General Accounting 
Office Act of 1996 (Pub. L. 104-316)(GAO Act), 31 U.S.C. 3529 provided 
that, upon the request of a disbursing or certifying official or the 
head of an agency, the Comptroller General would issue a decision on a 
question involving a payment to be made by the disbursing official or 
head of the agency, or a voucher to be certified by a certifying 
official. Those decisions issued by the Comptroller General were 
commonly known as ``advance decisions,'' since the Comptroller 
General's decision was sought by agency officials before making 
payments or certifying vouchers for payment.
    Section 204 of the GAO Act amends 31 U.S.C. 3529 by referencing an 
earlier transfer of functions from the Comptroller General to the 
Director of the Office of Management and Budget authorized by section 
211 of the Legislative Branch Appropriation Act, 1996 (Pub. L. 104-53) 
(LBAA). Section 211 of the LBAA also authorized the Director to 
delegate any of those functions to another agency or agencies. On June 
30, 1996, 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.
    With respect to a function transferred to OMB under section 211 of 
the LBAA and delegated by OMB to another agency, section 204 of the GAO 
Act provides that the head of that agency has the authority to issue 
the ``advance decisions'' authorized by 31 U.S.C. 3529 on questions 
involving such functions. Thus, the Administrator of General Services 
is authorized to issue ``advance decisions'' on questions involving 
reimbursement of expenses incurred by federal civilian employees while 
on official temporary duty travel or in connection with relocation to a 
new duty station. The Administrator has redelegated that function to 
the Chairman of the GSA Board of Contract Appeals, along with the 
authority to adopt and issue rules necessary for the issuance of these 
decisions. 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 relocation expenses.

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

    1. The authority citation for part 6104 is revised to read as 
follows:

    Authority: Secs. 202(n), 204, Pub. L. 104-316, 110 Stat. 3826; 
Sec. 211, Pub. L. 104-53, 109 Stat. 535; 31 U.S.C. 3529; 31 U.S.C. 
3702; 41 U.S.C. 601-613.

    2. Section 6104.9 is added effective December 20, 1996 until July 
26, 1997 to read as follows:


Sec. 6104.9  Decisions authorized under 31 U.S.C. 3529 [Rule 409].

    (a) Request for decision. (1) A disbursing or certifying official 
of an agency, or the head of an agency, may request a decision from the 
Board on a question involving a payment the disbursing official or head 
of the agency will make, or a voucher presented to a certifying 
official for certification, which concerns a matter specified in 
6104.1. Such a decision is referred to as a ``Section 3529 decision.''
    (2) A request for a Section 3529 decision shall be in writing; no 
particular form is required. The request must refer to a specific 
payment or voucher; it may not seek general legal advice. The request 
should--
    (i) Explain why the official is seeking a Section 3529 decision, 
rather than taking action on his or her own regarding the matter;
    (ii) State the question presented and include citations to 
applicable statutes, regulations, and cases; and
    (iii) Include--
    (A) The name, address, telephone number, and facsimile machine 
number (if available) of the official making the request;
    (B) The name, address, telephone number, and facsimile number (if 
available) of the employee affected by the specific payment or voucher; 
and
    (C) Any other information which the official believes the Board 
should consider.
    (b) Notice of docketing. A request for a Section 3529 decision will 
be docketed by the Office of the Clerk of the Board. A written notice 
of docketing will be sent promptly to the official and the affected 
employee. The notice of docketing will identify the judge to whom the 
request has been assigned.
    (c) Service of copy. The official submitting a request for a 
Section 3529 decision shall send to the affected employee copies of all 
material provided to the Board.
    (d) Additional submission. If the affected employee wishes to 
submit any additional information to the Board, he or she must so 
inform the Board within 10 calendar days after receiving the copy of 
the request for decision and supporting material. The judge will 
establish the time frame for any such submission.
    (e) Proceedings and decisions. 6104.5 and 6104.6 govern proceedings 
relating to requests for Section 3529 decisions and the issuance of 
such decisions.

    Dated: December 16, 1996.
Stephen M. Daniels,
Chairman, GSA Board of Contract Appeals.
[FR Doc. 96-32278 Filed 12-19-96; 8:45 am]
BILLING CODE 6820-34-P