[Federal Register Volume 72, Number 125 (Friday, June 29, 2007)]
[Rules and Regulations]
[Pages 35662-35663]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E7-12491]
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POSTAL SERVICE
39 CFR Part 955
Rules of Practice Before the Board of Contract Appeals
AGENCY: Postal Service.
ACTION: Final rule.
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SUMMARY: The Postal Service is amending its rules regarding small
claims (expedited) and accelerated proceedings before the Board of
Contract Appeals.
EFFECTIVE DATE: June 29, 2007.
FOR FURTHER INFORMATION CONTACT: Diane M. Mego, (703) 812-1905.
SUPPLEMENTARY INFORMATION: The John Warner National Defense
Authorization Act for Fiscal Year 2007 (109 Pub. L. 364, 120 Stat. 2083
(Oct. 17, 2006)) amended the Contract Disputes Act to require boards of
contract appeals to provide a procedure for the disposition of an
appeal from a small business concern when the amount in dispute is
$150,000 or less. This rule amends 39 CFR part 955 to conform to the
statutory change and to make other technical changes to the Small
Claims (Expedited) and Accelerated procedure rules before the Board.
These revisions are a statutorily mandated change in agency rules
of procedure and make other technical changes to the Board's rules of
procedure that do not substantially affect any rights or obligations of
private parties. Therefore, it is appropriate for their adoption by the
Postal Service to become effective immediately.
List of Subjects in 39 CFR Part 955
Administrative practice and procedure, Contract Disputes Act of
1978, Postal Service.
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Accordingly, the Postal Service adopts amendments to 39 CFR part 955 as
specifically set forth below:
PART 955--[AMENDED]
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1. The authority citation for part 955 continues to read as follows:
Authority: 39 U.S.C. 204, 401; 41 U.S.C. 607, 608.
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2. Section 955.13 is revised to read as follows:
Sec. 955.13 Optional Small Claims (Expedited) and Accelerated
Procedures.
(a) The SMALL CLAIMS (EXPEDITED) Procedure. (1) The SMALL CLAIMS
(EXPEDITED) procedure is available solely at the election of the
appellant. Such election requires decision of the appeal, whenever
possible, within 120 days after the Board receives written notice of
the appellant's election to utilize this procedure.
(2) The appellant may elect this procedure when
(i) There is a monetary amount in dispute and that amount is
$50,000 or less, or
(ii) There is a monetary amount in dispute and that amount is
$150,000 or less and the appellant is a small business concern (as that
term is defined in the Small Business Act and regulations promulgated
under the Act).
(3) In cases proceeding under the SMALL CLAIMS (EXPEDITED)
procedure, the respondent shall send the Board a copy of the contract,
the contracting officer's final decision, and the appellant's claim
letter or letters, if any, within ten days from the respondent's first
receipt from either the appellant or the Board of a copy of the
appellant's notice of election of the SMALL CLAIMS (EXPEDITED)
procedure. If either party requests an oral hearing in accordance with
Sec. 955.9, the Board shall promptly schedule such a hearing for a
mutually convenient time consistent with administrative due process and
the 120-day limit for a decision, at a place determined under Sec.
955.18. If a hearing is not requested by either party, the appeal shall
be deemed to have been submitted under Sec. 955.12 without a hearing.
(4) Promptly after receipt of the appellant's election of the SMALL
CLAIMS (EXPEDITED) procedure, the Board shall establish a schedule of
proceedings that will allow for the timely resolution of the appeal.
Pleadings, discovery, and other prehearing activities may be restricted
or eliminated at the Board's discretion as necessary to enable the
Board to decide the appeal within 120 days after the Board has received
the appellant's notice of election of the SMALL CLAIMS (EXPEDITED)
procedure. In so doing, the Board may reserve whatever time up to 30
days it considers necessary for preparation of the decision.
(5) Written decision by the Board in cases processed under the
SMALL CLAIMS (EXPEDITED) procedure will be short and contain only
summary findings of fact and conclusions. Decisions will be rendered
for the Board by a single Administrative Judge. If there has been a
hearing, the Administrative Judge presiding at the hearing may, in his
or her discretion, at the conclusion of the hearing and after
entertaining such oral arguments as he or she deems appropriate, render
on the record oral summary findings of fact, conclusions of law, and a
decision of the appeal. Whenever such an oral decision is rendered, the
Board will subsequently furnish the parties a printed copy of such oral
decision for the record and payment purposes and for the establishment
of the commencement date of the period for filing a motion for
reconsideration under Sec. 955.30.
(6) Decisions of the Board under the SMALL CLAIMS (EXPEDITED)
procedure will not be published, will have no value as precedents, and
in the absence of fraud, cannot be appealed.
(b) The ACCELERATED Procedure. (1) This procedure is available
solely at the election of the appellant and shall apply only to appeals
where there is a monetary amount in dispute and the amount in dispute
is $100,000 or less. Such election requires decision of the appeal,
whenever possible, within 180 days after the Board receives written
notice of the appellant's election to utilize this procedure.
(2) Promptly after receipt of the appellant's election of the
ACCELERATED procedure, the Board shall establish a schedule of
proceedings that will allow for the timely resolution of the appeal.
The Board, in its discretion, may shorten time periods prescribed
elsewhere in these Rules as necessary to enable the Board to decide the
appeal within 180 days after the Board has received the appellant's
notice of election of the ACCELERATED procedure.
(3) Written decisions by the Board in cases processed under the
ACCELERATED procedure will normally be short and contain only summary
findings of fact and
[[Page 35663]]
conclusions. Decisions will be rendered for the Board by a single
Administrative Judge with the concurrence of the Chairman or Vice
Chairman or other designated Administrative Judge, or by a majority
among these two and an additional designated member in case of
disagreement. In cases where the amount in dispute is $50,000 or less
and in which there has been a hearing, the single Administrative Judge
presiding at the hearing may, with the concurrence of both parties,
convert the appeal to a SMALL CLAIMS (EXPEDITED) proceeding and at the
conclusion of the hearing, after entertaining such oral arguments as he
or she deems appropriate, render on the record oral summary findings of
fact, conclusions of law, and a decision of the appeal. Whenever such
an oral decision is rendered, the Board will subsequently furnish the
parties a printed copy of such oral decision for record and payment
purposes and to establish the date of commencement of the period for
filing a motion for reconsideration under Sec. 955.30.
(c) At the request of Respondent, or on its own initiative, the
Board may determine whether the amount in dispute and/or the
appellant's status make the election of the SMALL CLAIMS (EXPEDITED)
procedure or the ACCELERATED procedure inappropriate.
(d) Motions for Reconsideration in Cases Arising Under Sec.
955.13. Motions for reconsideration of cases decided under either the
SMALL CLAIMS (EXPEDITED) procedure or the ACCELERATED procedure need
not be decided within the time periods prescribed by this Sec. 955.13
for the initial decision of the appeal, but all such motions shall be
processed and decided rapidly so as to fulfill the intent of this
section.
(e) Except as herein modified, the rules of this part 955 otherwise
apply in all aspects.
Stanley F. Mires,
Chief Counsel, Legislative.
[FR Doc. E7-12491 Filed 6-28-07; 8:45 am]
BILLING CODE 7710-12-P