[Federal Register Volume 59, Number 83 (Monday, May 2, 1994)]
[Unknown Section]
[Page 0]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 94-10259]
[[Page Unknown]]
[Federal Register: May 2, 1994]
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GENERAL SERVICES ADMINISTRATION
48 CFR Part 533
[APD 2800.12A, CHGE 53]
General Services Administration Acquisition Regulation; Implement
Revision to General Services Administration Board of Contract Appeals
Rules of Procedure
AGENCY: Office of Acquisition Policy, GSA.
ACTION: Final rule.
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SUMMARY: The General Services Administration Acquisition Regulation
(GSAR) is amended to implement changes to the GSA Board of Contract
Appeals Rules. The changes took effect on January 3, 1994. Accordingly,
to preclude any potential delays, the GSAR is being modified to be
consistent with the new requirements in the GSBCA Rules of Procedure.
EFFECTIVE DATE: May 2, 1994.
FOR FURTHER INFORMATION CONTACT:
Edward J. McAndrew, Office of GSA Acquisition Policy, (202) 501-1224.
SUPPLEMENTARY INFORMATION:
A. Public Comments
Public comments are not being sought because the rule implements
the GSBCA Rules of Procedure which were subject to the public comment
process.
B. Executive Order 12866
This rule was not submitted to or approved by the Office of
Management and Budget because it is not considered to be a significant
rule as defined in Executive Order 12866.
C. Regulatory Flexibility Act
The Regulatory Flexibility Act does not apply to this rule because
this rule was not required to be published for public comment in the
Federal Register.
D. Paperwork Reduction Act
This rule does not contain information collection requirements that
require the approval of OMB under the Paperwork Reduction Act (44
U.S.C. 3501 et seq.).
List of Subjects in 48 CFR Part 533
Government procurement.
Accordingly, 48 CFR part 533 is amended to read as follows:
PART 533--PROTESTS, DISPUTES, AND APPEALS
1. The authority citation for 48 CFR Part 533 continues to read as
follows:
Authority: 40 U.S.C. 486(c).
2. Section 533.105 is amended by republishing paragraphs (a) and
(a)(1), introductory text, and by revising paragraphs (a)(1)(iii),
(a)(2) and (a)(4) to read as follows:
533.105 Protest to GSBCA.
* * * * *
(a) Notification procedure. After receiving a protest, the
contracting officer shall notify the following:
(1) All firms solicited, or those who have submitted sealed bids or
offers if the protest is filed after the closing date of the
solicitation, and the appropriate delegating official in the
Information Resources Management Service. When giving such
notification, the contracting officer should follow these procedures:
* * * * *
(iii) Use the following format:
Name (Officer, Managing Agent, or person who signed offer)
Address
A protest concerning Solicitation No. __________ has been filed
with the General Services Administration Board of Contract Appeals
(GSBCA). The protest was filed by (Insert the name and address of the
protester and the name of the person signing the protest.) on (Date).
The protest has been purportedly filed pursuant to Section 2713 of the
Competition in Contracting Act, Pub. L. 98-369. Copies of the protest
may be obtained from the Office of the Clerk of the GSBCA, 18th and F
Streets NW, Washington, DC 20405, or from the contracting officer.
Contracting Officer's signature
(2) The agency on whose behalf GSA is making the procurement, if
any. A copy of the protest complaint, including all attachments, must
be forwarded to the agency by appropriate means to ensure next day
delivery to both the requiring office and the agency's legal office.
* * * * *
(4) The Board, through assigned counsel, within 3 workdays after
the date of filing with the GSBCA, that the notices described in
paragraphs (a)(1) and (2) has been given. Written confirmation of
notice and a listing of all persons and agencies receiving notice must
be provided.
* * * * *
3. Section 553.7103-1 is amended by revising paragraphs (b)(1) and
(b)(4) to read as follows:
533.7103-1 Preparation of appeals file.
* * * * *
(b) Content of appeal file.
(1) Each appeal file must be assembled in a looseleaf binder. A
gummed label (NSN 7510-00-264-5460) must be used on top of the
looseleaf binder to identify the case by contractor, contract number
and docket number.
* * * * *
(4) Each appeal file must contain division sheets separating the
different documents listed in the ``Index of Exhibits.'' Division
sheets must be tabbed and numbered consecutively commencing with number
one, in whole Arabic numbers (no letters, decimals, or fractions), and
continuously from each file to the next so that the complete appeal
file will consist of one set of consecutively numbered appeal file
exhibits. In addition, the pages within the exhibit shall be numbered
consecutively unless the exhibit already is paginated in a logical
manner. Consecutive pagination of the entire file is not required.
* * * * *
Dated: April 11, 1994.
Arthur E. Ronkovich,
Acting Associate Administrator for Acquisition Policy.
[FR Doc. 94-10259 Filed 4-29-94; 8:45 am]
BILLING CODE 6820-61-M