[Federal Register Volume 70, Number 161 (Monday, August 22, 2005)]
[Rules and Regulations]
[Pages 48882-48883]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 05-16479]


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GENERAL SERVICES ADMINISTRATION

48 CFR Part 6101

[GSABCA Amendment 2005-01; BCA Case 2005-61-1]


Board of Contract Appeals; Rules of Procedure of the General 
Services Administration Board of Contract Appeals

AGENCY: Board of Contract Appeals, General Services Administration 
(GSA).

ACTION: Final rule.

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SUMMARY: This document contains final revisions to the rules governing 
proceedings before the General Services Administration Board of 
Contract Appeals (Board). The Board is revising the language regarding 
the processing of awards for payment in contract appeals. The Board, by 
majority vote, has adopted this revised rule pursuant to its authority 
contained in the Contract Disputes Act of 1978 (41 U.S.C. 601-613).

DATES: Effective Date: August 22, 2005.

FOR FURTHER INFORMATION CONTACT Margaret S. Pfunder, Chief Counsel, GSA 
Board of Contract Appeals, telephone (202) 501-0272, internet address 
[email protected]. Please cite GSABCA Amendment 2005-01, BCA 
Case 2005-61-1.

SUPPLEMENTARY INFORMATION:

A. Background

    Section 6101.36 is amended to conform to procedures required by the 
Department of the Treasury in processing awards for payment from the 
Judgment Fund. The Contract Disputes Act of 1978, 41 U.S.C. 612, 
provides that a monetary award to a contractor from

[[Page 48883]]

a Board of Contract Appeals shall be paid promptly from the Judgment 
Fund. The Department of the Treasury's Financial Management Service 
(FMS), through the Treasury Financial Manual, volume I, part 6, chapter 
3100, requires that the Government agency ``responsible for defending 
the United States'' in litigation or ``authorized to settle the claim'' 
in administrative actions submit completed copies of specified forms to 
FMS in order to process payment of monetary awards from the Judgment 
Fund. These requirements have superseded the procedures contained in 
section 6101.36, and the revised section 6101.36 reflects these 
requirements. This revision only affects paragraphs (c) and (d) of 
section 6101.36.
    This is not a significant regulatory action and, therefore, was not 
subject to review under Section 6(b) of Executive Order 12866, 
Regulatory Planning and Review, dated September 30, 1993. This rule is 
not a major rule under 5 U.S.C. 804.

B. Regulatory Flexibility Act

    The General Services Administration certifies that this final rule 
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., because the rule does not impose any additional 
costs on either small or large businesses.

C. Paperwork Reduction Act

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

List of Subjects in 48 CFR Part 6101

    Administrative practice and procedure, Government procurement.

    Dated: August 15, 2005.
Stephen M. Daniels,
Chairman, Board of Contract Appeals, General Services Administration.

0
Therefore, GSA amends 48 CFR part 6101 as set forth below:

PART 6101--RULES OF PROCEDURE OF THE GENERAL SERVICES ADMNISTRATION 
BOARD OF CONTRACT APPEALS (STANDARD PROCEEDINGS)

0
1. The authority citation for 48 CFR part 6101 continues to read as 
follows:

    Authority: 41 U.S.C. 601-613.
0
2. Amend section 6101.36 by revising paragraphs (c) and (d) to read as 
follows:


6101.36  Payment of Board awards [Rule 136].

* * * * *
    (c) Procedure for filing of certificates of finality. Whenever the 
Board issues a decision or an order awarding a party any amount of 
money, it will attach to the copy of the decision sent to each party 
forms such as those illustrated in the appendix to this part. The 
conditions for payment prescribed in paragraph (b)(1) of this section 
are satisfied if each of the parties returns a completed and duly 
executed copy of this form to the Board. When the form is executed on 
behalf of an appellant or applicant by an attorney or other 
representative, proof of signatory authority shall also be furnished. 
Upon receipt of completed and duly executed Certificates of Finality 
from the parties, the Board will forward a copy of each such 
certificate (together with proof of signatory authority, if required) 
and a certified copy of its decision to the responsible agency for 
certification and transmission to the United States Department of the 
Treasury for payment.
    (d) Procedure in absence of certificate of finality. When one or 
both of the parties fails to submit a duly executed Certificate of 
Finality, but the conditions for payment have been satisfied as 
provided in paragraph (b)(2) of this section, the appellant or 
applicant may file a written request that the Board forward its 
decision to the responsible agency for certification and transmission 
to the United States Department of the Treasury for payment. Thereupon, 
the Board will forward a copy of that request and a certified copy of 
its decision to the responsible agency.
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[FR Doc. 05-16479 Filed 8-19-05; 8:45 am]
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