[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
[email protected].
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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