[Federal Register Volume 71, Number 217 (Thursday, November 9, 2006)]
[Notices]
[Pages 65825-65826]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E6-18982]


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GENERAL SERVICES ADMINISTRATION

[BCA 2006-N01]


Board of Contract Appeals; The Establishment of The Civilian 
Board of Contract Appeals and the Termination of The Boards of Contract 
Appeals of the General Services Administration and the Departments of 
Agriculture, Energy, Housing and Urban Development, Interior, Labor, 
Transportation, and Veterans Affairs

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

ACTION: Notice.

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SUMMARY: In section 847 of the National Defense Authorization Act for 
Fiscal Year 2006, Pub. L. No. 109-163, Congress established the 
Civilian Board of Contract Appeals (CBCA) within GSA to hear and decide 
contract disputes involving executive agencies (other than the 
Department of Defense, the Department of the Army, the Department of 
the Navy, the Department of the Air Force, the National Aeronautics and 
Space Administration, the United States Postal Service, the Postal Rate 
Commission, and the Tennessee Valley Authority) under the provisions of 
the Contract Disputes Act of 1978 and regulations and rules issued 
thereunder. Boards of contract appeals currently exist at the General 
Services Administration and the departments of Agriculture, Energy, 
Housing and Urban Development, Interior, Labor, Transportation, and 
Veterans Affairs. Effective January 6, 2007, all of those boards in 
existence on that date will terminate, and their cases, Board judges, 
and other personnel will transfer to the new Civilian Board.

SUPPLEMENTARY INFORMATION: The legislation establishing the Civilian 
Board provides that the CBCA will have jurisdiction to decide contract 
appeals from any executive agency (other than the Department of 
Defense, the Department of the Army, the Department of the Navy, the 
Department of the Air Force, the National Aeronautics and Space 
Administration, the United States Postal Service, the Postal Rate 
Commission, and the

[[Page 65826]]

Tennessee Valley Authority). Cases currently before a board of contract 
appeals affected by the legislation will be transferred to the Civilian 
Board on January 6, 2007, and reassigned CBCA docket numbers. Agency 
acquisition personnel should review agency regulations, contract 
provisions, and language in contracting officer decision letters that 
may refer contractors to one of the affected boards of contract appeals 
for dispute resolution, including alternative dispute resolution, and 
modify those provisions accordingly.
    The Civilian Board will also conduct other proceedings as required 
or permitted under statutes or regulations. Such other proceedings 
include the resolution of disputes involving grants and contracts under 
the Indian Self-Determination and Education Assistance Act, 25 U.S.C. 
450 et seq. Because jurisdiction over these disputes is vested by 
statute, 25 U.S.C. 450m-1(d), in the Department of the Interior Board 
of Contract Appeals, section 847(e) of the National Defense 
Authorization Act for Fiscal Year 2006 reassigns that jurisdiction to 
the Civilian Board of Contract Appeals.
    Such other proceedings also include the resolution of disputes 
between insurance companies and the Department of Agriculture's Risk 
Management Agency (RMA) involving actions of the Federal Crop Insurance 
Corporation (FCIC) pursuant to the Federal Crop Insurance Act, 7 U.S.C. 
1501 et seq. These disputes were formerly resolved by the Department of 
Agriculture Board of Contract Appeals, and it is anticipated that this 
authority will be transferred to the Civilian Board of Contract Appeals 
under an agreement with the Secretary of Agriculture, as permitted 
under section 42(c)(2) of the Office of Federal Procurement Policy Act, 
41 U.S.C. 438(c)(2).
    In addition, other proceedings that the Civilian Board will conduct 
include several types of cases heard by the General Services Board of 
Contract Appeals by delegation from the Administrator of General 
Services. It is anticipated that, effective January 6, 2007, the 
Administrator of General Services will redelegate those cases to the 
Civilian Board of Contract Appeals. Those cases include the following:
    -- Pursuant to 31 U.S.C. 3726(i)(1), requests by carriers or 
freight forwarders to review actions taken by the Audit Division of the 
General Services Administration's Office of Transportation and Property 
Management.
    -- Pursuant to 31 U.S.C. 3702, claims by Federal civilian employees 
against the United States for reimbursement of (1) expenses incurred 
while on official temporary duty travel and (2) expenses incurred in 
connection with relocation to a new duty station.
    -- Pursuant to section 204 of the General Accounting Office Act of 
1996, Pub. L. 104-316, requests of agency disbursing or certifying 
officials, or agency heads, on questions involving payment of travel or 
relocation expenses that were formerly considered by the Comptroller 
General under 31 U.S.C. 3529.
    The offices of the Civilian Board of Contact Appeals will be 
located at 1800 M Street, NW, 6th Floor, Washington, DC 20036. The 
mailing address of the Civilian Board will be 1800 F Street, NW, 
Washington, DC 20405. The phone number of the Office of the Clerk of 
the Board will be (202) 606-8800; the facsimile number will be (202) 
606-0019. The internet address of the Civilian Board's Web site will be 
www.cbca.gsa.gov.

FOR FURTHER INFORMATION CONTACT Margaret S. Pfunder, Chief Counsel, GSA 
Board of Contract Appeals, telephone (202) 501-0272, internet address 
margaret.pfunder@gsa.gov.

    Dated: November 2, 2006.
Stephen M. Daniels,
Chairman, Board of Contract Appeals, General Services Administration.
[FR Doc. E6-18982 Filed 11-8-06; 8:45 am]
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