[Federal Register Volume 61, Number 145 (Friday, July 26, 1996)]
[Rules and Regulations]
[Pages 39096-39098]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 96-18654]
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GENERAL SERVICES ADMINISTRATION
Board of Contract Appeals
48 CFR Part 6103
RIN 3090-AG05
Rules of Procedure for Transportation Rate Cases
AGENCY: Board of Contract Appeals, General Services Administration.
ACTION: Interim rule.
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SUMMARY: This document specifies the rules of procedure of the GSA
Board of Contract Appeals applicable to the Board's review of claims
made by a carrier or freight forwarder pursuant to 31 U.S.C.
3726(g)(1). The rules are intended to implement section 211 of
[[Page 39097]]
the Legislative Branch Appropriations Act, 1996 (Pub. L. 104-53), which
transfers certain functions of the Comptroller General to the Office of
Management and Budget (OMB), and which OMB has delegated to the General
Services Administration. The Board requests written comments on the
rules, which will expire one year from the date of publication in the
Federal Register.
DATES: This rule is effective July 26, 1996. Comments must be submitted
on or before January 22, 1997.
ADDRESSES: Written comments concerning this interim rule may be mailed
to Margaret S. Pfunder, GSA Board of Contract Appeals, 18th & F
Streets, N.W., Washington, DC 20405, or sent electronically by using
the following Internet address: Margaret.P[email protected].
FOR FURTHER INFORMATION CONTACT:
Margaret S. Pfunder, Deputy Chief Counsel, GSA Board of Contract
Appeals, (202) 501-0272.
SUPPLEMENTARY INFORMATION:
A. Regulatory Flexibility Act
The General Services Administration certifies that these revisions
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.).
B. Paperwork Reduction Act
The Paperwork Act does not apply because the proposed revisions do
not impose recordkeeping or information collection requirements, or the
collection of information from offerors, contractors, or members of the
public which require the approval of OMB under 44 U.S.C. 3501 et seq.
C. Background
Effective June 30, 1996, section 211 of the Legislative Branch
Appropriations Act, 1996 (Pub. L. 104-53), transfers certain functions
of the Comptroller General to the Director of the Office of Management
and Budget, and authorizes the Director to delegate any of those
functions to another agency or agencies. Effective the same date, the
Director delegated the function contained in 31 U.S.C. 3726(g)(1)--the
authority to review claims made by a carrier or freight forwarder--to
the Administrator of General Services, who redelegated that function to
the Chairman of the GSA Board of Contract Appeals. In addition, the
Administrator of General Services has delegated to the Board the
authority to adopt and issue rules necessary for the resolution of
these claims. This interim rule has been approved by majority vote of
the Board's members.
List of Subjects in 48 CFR Part 6103
Administrative practice and procedure, Freight forwarders,
Government procurement.
For the reasons set out in the preamble, 48 CFR Part 6103 is added
to read as follows:
PART 6103--RULES OF PROCEDURE FOR TRANSPORTATION RATE CASES
Sec.
6103.1 Scope [Rule 301].
6103.2 Filing claims [Rule 302].
6103.3 Responses to claims [Rule 303].
6103.4 Reply to OTA and agency responses [Rule 304].
6103.5 Proceedings [Rule 305].
6103.6 Decisions [Rule 306].
6103.7 Reconsideration of Board decision [Rule 307].
6103.8 Payment of successful claims [Rule 308].
Authority: Sec. 211, Pub. L. 104-53, 109 Stat. 535; 31 U.S.C.
3726(g)(1); 41 U.S.C. 601-613.
Sec. 6103.1 [Rule 301].
(a) Authority. Section 211 of the Legislative Branch Appropriations
Act, 1996, Public Law 104-53, transfers certain functions of the
Comptroller General to the Director of the Office of Management and
Budget, and authorizes the Director to delegate any of those functions
to another agency or agencies. The Director has delegated the function
contained in 31 U.S.C. 3726(g)(1) to the Administrator of General
Services, who has redelegated that function to the General Services
Administration Board of Contract Appeals.
(b) Type of claim; review of claim. These procedures are applicable
to the review of claims made by a carrier or freight forwarder pursuant
to 31 U.S.C. 3726(g)(1). The Board will issue the final agency decision
on a claim based on the information submitted by the claimant, the
General Services Administration Office of Transportation Audits (OTA),
and the department or agency (the agency) for which the services were
provided. The burden is on the claimant to establish the timeliness of
its claim, the liability of the agency, and the claimant's right to
payment.
Sec. 6103.2 Filing claims [Rule 302]
(a) Form. A claim shall be in writing and must be signed by the
claimant or by the claimant's attorney or authorized representative. No
particular form is required. The request should describe the basis for
the claim and state the amount sought. The request should also include:
(1) The name, address, telephone number, and facsimile machine
number, if available, of the claimant;
(2) The Government bill of lading or Government transportation
request number;
(3) The claimant's bill number;
(4) The Government voucher number and date of payment;
(5) The OTA claim number;
(6) The agency for which the services were provided; and
(7) Any other identifying information.
(b) Notice of docketing. A request for review will be docketed by
the Office of the Clerk of the Board, and a written notice of docketing
will be sent promptly to the claimant, the Director of OTA, and the
agency for which the services were provided. The notice of docketing
will identify the judge to who the claim has been assigned.
Sec. 6103.3 Responses to claims [Rule 303].
(a) Within 30 calendar days after docketing by the Board, OTA and
the agency for which the services were provided shall each submit to
the Board:
(1) A simple, concise, and direct statement of its response to the
claim;
(2) Citations to applicable statutes, regulations, and cases; and
(3) Any additional information deemed necessary to the Board's
review of the claim.
(b) A copy of these submissions shall also be sent to the claimant.
Sec. 6103.4 Reply to OTA and agency responses [Rule 304].
If the claimant wishes to reply to the OTA or agency responses it
must inform the Board within 10 calendar days after receiving the
responses. The judge will establish the time frame for submission of
the reply.
Sec. 6103.5 Proceeding [Rule 305].
(a) Conferences. The judge will not engage in ex parte
communications involving the underlying facts or merits of the claim.
The judge may hold a conference with the claimant, OTA, and the agency
at any time, for any purpose. The judge may provide the participants a
memorandum reflecting the results of a conference.
(b) Additional submissions. The judge may require the submission of
additional information at any time.
Sec. 6103.6 Decisions [Rule 306].
The judge will issue a written decision based upon the record,
which includes submissions by the claimant, OTA, and the agency, and
information provided during conferences.
[[Page 39098]]
Sec. 6103.7 Reconsideration of Board decision [Rule 307].
(a) A request for reconsideration may be made by the claimant, OTA,
or the agency. Such requests must be received by the Board within 15
calendar days after the date the decision was issued. The request for
reconsideration should state the reasons why the Board should consider
the request.
(b) Requests for reconsideration are not favored. Mere disagreement
with a decision or re-argument of points already made are not
sufficient grounds for reconsidering the decision.
Sec. 6103.8 Payment of successful claims [Rule 308].
The agency for which the services were provided shall pay amounts
the Board determines are due the claimant.
Dated: July 18, 1996.
Stephen M. Daniels,
Chairman, GSA Board of Contract Appeals.
[FR Doc. 96-18654 Filed 7-25-96; 8:45 am]
BILLING CODE 6820-AL-M