[Federal Register Volume 62, Number 51 (Monday, March 17, 1997)]
[Rules and Regulations]
[Page 12718]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 97-6320]





48 CFR Part 33

[FAC 90-46; FAR Case 96-016; Item XI]
RIN 9000-AH38

Federal Acquisition Regulation; Attorneys' Fees in GAO Protests

AGENCIES: Department of Defense (DOD), General Services Administration 
(GSA), and National Aeronautics and Space Administration (NASA).

ACTION: Final rule.


SUMMARY: The Civilian Agency Acquisition Council and the Defense 
Acquisition Regulations Council have agreed on a final rule amending 
the Federal Acquisition Regulation (FAR) to clarify the effective date 
of the $150.00 hourly cap on attorneys' fees imposed by Section 
1403(b)(2) of the Federal Acquisition Streamlining Act (FASA) of 1994 
(Public Law 103-355). The hourly cap on attorneys' fees applies only to 
those protests filed on or after October 1, 1995. This regulatory 
action was not subject to Office of Management and Budget review under 
Executive Order 12866, dated September 30, 1993. This is not a major 
rule under 5 U.S.C. 804.

EFFECTIVE DATE: May 16, 1997.

FOR FURTHER INFORMATION CONTACT: Mr. Jack O'Neill at (202) 501-3856 in 
reference to this FAR case. For general information, contact the FAR 
Secretariat, Room 4037, GS Building, Washington, DC 20405, (202) 501-
4755. Please cite FAC 90-46, FAR case 96-016.


A. Background

    This final rule amends FAR 33.104 to clarify that the $150.00 
hourly cap on attorneys' fees applies only to those protests filed on 
or after the effective date of FASA. Protests filed with the General 
Accounting Office prior to October 1, 1995, are not subject to the 
hourly cap on attorneys' fees.

B. Regulatory Flexibility Act

    The final rule does not constitute a significant FAR revision 
within the meaning of FAR 1.501 and Public Law 98-577, and publication 
for public comments is not required. However, comments from small 
entities concerning the affected FAR subpart will be considered in 
accordance with 5 U.S.C. 610. Such comments must be submitted 
separately and cite 5 U.S.C. 601, et seq. (FAC 90-46, FAR case 96-016), 
in correspondence.

C. Paperwork Reduction Act

    The Paperwork Reduction Act does not apply because the changes to 
the FAR do not impose recordkeeping or information collection 
requirements, or collections of information from offerors, contractors, 
or members of the public which require the approval of the Office of 
Management and Budget under 44 U.S.C. 3501, et seq.

List of Subjects in 48 CFR Part 33

    Government procurement.

    Dated: March 7, 1997.
Edward C. Loeb,
Director, Federal Acquisition Policy Division.

    Therefore, 48 CFR Part 33 is amended as set forth below:


    1. The authority citation for 48 CFR Part 33 continues to read as 

    Authority: 40 U.S.C. 486(c); 10 U.S.C. chapter 137; and 42 
U.S.C. 2473(c).

    2. Section 33.104 is amended by revising the introductory text of 
paragraph (h)(3) to read as follows:

33.104  Protests to GAO.

* * * * *
    (h) * * *
    (3) For protests filed on or after October 1, 1995, no agency shall 
pay a party, other than a small business concern within the meaning of 
section 3(a) of the Small Business Act (see 19.001, Small business 
concern), costs under paragraph (h)(2) of this section--
* * * * *
[FR Doc. 97-6320 Filed 3-14-97; 8:45 am]