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