[Federal Register Volume 78, Number 230 (Friday, November 29, 2013)]
[Rules and Regulations]
[Pages 71528-71529]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2013-28578]


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GENERAL SERVICES ADMINISTRATION

41 CFR Part 102-118

[FRM Change 2013-01; FMR Case 2013-102-3; Docket No. 2013-0014; 
Sequence No. 1]
RIN 3090-AJ39


Federal Management Regulation (FMR); Transportation Payment and 
Audit

AGENCY: Office of Government-wide Policy (OGP), General Services 
Administration (GSA).

ACTION: Final rule.

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SUMMARY: GSA is amending the Federal Management Regulation (FMR) to 
update the name and contact information of the Civilian Board of 
Contract Appeals (CBCA) from the previously named General Services 
Board of Contract Appeals (GSBCA).

DATES: Effective Date: November 29, 2013.

FOR FURTHER INFORMATION CONTACT: For clarification of content, contact 
Lee Gregory, Office of Government-wide Policy, at 202-501-1533. Please 
cite FMR Case 2013-102-3. For information pertaining to status or 
publication schedules, contact the Regulatory Secretariat (MVCB), 1800 
F Street NW., Washington, DC 20405, 202-501-4755.

SUPPLEMENTARY INFORMATION:

A. Background

    The Civilian Board of Contract Appeals (CBCA) was established on 
January 6, 2007, pursuant to section 847 of the National Defense 
Authorization Act for Fiscal Year 2006, Public Law 109-163, 119 Stat. 
3391. That portion of the statute is now incorporated into the 2011 
codification of the Contract Disputes Act, 41 U.S.C. 7101-7109, and the 
section specifically addressing the establishment of the CBCA is 
incorporated into 41 U.S.C. 7105(b)(1) ``There is established in the 
General Services Administration the Civilian Board of Contract 
Appeals.'' Although the Board is functionally located within U.S. 
General Services Administration as of July 8, 2011, ``GSA'' is not part 
of its name.
    This final rule amends FMR part 102-118 (41 CFR part 102-118) by 
removing the term ``General Services Board of Contract Appeals'' and 
adding the term ``Civilian Board of Contract Appeals (CBCA)'' in its 
place.

B. Executive Orders 12866 and 13563

    Executive Orders (E.O.s) 12866 and 13563 direct agencies to assess 
all costs and benefits of available regulatory alternatives, and if 
regulation is necessary, to select regulatory approaches that maximize 
net benefits (including potential economic, environmental, public 
health and safety effects, distributive impacts, and equity). E.O. 
13563 emphasizes the importance of quantifying both costs and benefits, 
of reducing costs, of harmonizing rules, and of promoting flexibility. 
This is not a significant regulatory action, and therefore, will not be 
subject to review under Section 6(b) of E.O. 12866, Regulatory Planning 
and Review, dated September 30, 1993. This final rule is not a major 
rule under 5 U.S.C. 804.

C. Regulatory Flexibility Act

    While these revisions are substantive, this final rule would not 
have a

[[Page 71529]]

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. This final rule is also exempt from the Administrative Procedure 
Act per 5 U.S.C. 553(a)(2) because it applies to agency management or 
personnel.

D. Paperwork Reduction Act

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

E. Small Business Regulatory Enforcement Fairness Act

    This final rule is also exempt from Congressional review prescribed 
by 5 U.S.C. 801 since it relates to agency management and personnel.

List of Subjects in 41 CFR Part 102-118

    Accounting, Claims, Government property management, Reporting and 
recordkeeping requirements, Transportation.

    Dated: September 26, 2013.
Dan Tangherlini,
Administrator of General Services.
    For the reasons set forth in the preamble, GSA amends 41 CFR Part 
102-118 as set forth below:

PART 102-118--TRANSPORTATION PAYMENT AND AUDIT

0
1. The authority citation for 41 CFR part 102-118 continues to read as 
follows:

    Authority:  31 U.S.C. 3726; and 40 U.S.C. 481, et seq.


Sec.  102-118.410  [Amended]

0
2. Amend Sec.  102-118.410 in paragraph (a)(4) by removing ``GSA 
Board'' and adding the word ``Civilian Board'' in its place.


Sec.  102-118.490  [Amended]

0
3. Amend Sec.  102-118.490 in paragraph (b) by removing ``General 
Services'' and adding ``Civilian'' in its place.

0
4. Revise Sec.  102-118.580 to read as follows:


Sec.  102-118.580  May a TSP appeal a prepayment audit decision of the 
GSA Audit Division?

    Yes, the TSP may appeal to the Civilian Board of Contract Appeals 
(CBCA) under guidelines established in this Subpart F, or file a claim 
with the United States Court of Federal Claims. The TSP's request for 
review must be received by the CBCA in writing within 6 months (not 
including times of war) from the date the settlement action was taken 
or within the periods of limitation specified in 31 U.S.C. 3726, as 
amended, whichever is later. The TSP must address requests:
    (a) By United States Postal Service to: Civilian Board of Contract 
Appeals (CBCA), 1800 F Street NW., Washington, DC 20405;
    (b) In person or by courier to: Civilian Board of Contract Appeals, 
6th floor, 1800 M Street NW., Washington, DC 20036;
    (c) By facsimile (FAX) to: 202-606-0019; or
    (d) By electronic mail to: [email protected].

0
5. Revise Sec.  102-118.655 to read as follows:


Sec.  102-118.655  Are there time limits on a TSP request for an 
administrative review by the Civilian Board of Contract Appeals (CBCA)?

    Yes, the CBCA must receive a request for review from the TSP within 
six months (not including times of war) from the date the settlement 
action was taken or within the periods of limitation specified in 31 
U.S.C. 3726, as amended, whichever is later. Address requests:
    (a) By United States Postal Service to: Civilian Board of Contract 
Appeals (CBCA), 1800 F Street NW., Washington, DC 20405;
    (b) In person or by courier to: Civilian Board of Contract Appeals, 
6th floor, 1800 M Street NW., Washington, DC 20036;
    (c) By facsimile (FAX) to: 202-606-0019; or
    (d) By electronic mail to: [email protected].

[FR Doc. 2013-28578 Filed 11-27-13; 8:45 am]
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