[Federal Register Volume 60, Number 226 (Friday, November 24, 1995)]
[Rules and Regulations]
[Pages 57938-57939]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 95-28365]
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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: On September 13, 1995, the Postal Service published in the
Federal Register (60 FR 47514-47515) for public comment a proposed rule
to revise the rules of practice of the Postal Service Board of Contract
Appeals (Board). The Postal Service is now issuing a final rule that
revises certain rules of practice of the Postal Service Board. These
revisions implement provisions of the Federal Acquisition Streamlining
Act of 1994 (Pub. L. 103-355) (FASA), which amended sections 8(f) and
9(a) of the Contract Disputes Act of 1978 (41 U.S.C. 601-613), under
which the Board adjudicates contract disputes. These revisions increase
the maximum amount that may be in dispute for appeals to qualify for
consideration under the small claims (expedited) and accelerated
procedures of boards of contract appeals. Minor editorial revisions and
corrections of typographical errors are also included in this final
rule.
EFFECTIVE DATE: October 1, 1995.
Applicability: Pursuant to sections 10001 and 10002 of the FASA,
the Board made the revised rules, as well as sections 2351(c-d) of the
FASA, applicable to all pending appeals and to those appeals filed on
or after October 1, 1995.
FOR FURTHER INFORMATION CONTACT: Dennis E. Wiessner, Jr., Staff
Counsel, Judicial Officer Department, 202-268-5438.
SUPPLEMENTARY INFORMATION: On September 13, 1995, the Postal Service
published in the Federal Register (60 FR 47514-47515) for public
comment a proposed rule to revise the rules of practice of the Postal
Service Board of Contract Appeals (Board). The revisions implement
certain provisions of the Federal Acquisition Streamlining Act of 1994
under which the Board adjudicates contract disputes. These revisions
increase the maximum amount that may be in dispute for appeals to
qualify for consideration under the small claims (expedited) and
accelerated procedures of the boards of contract appeals.
The proposed rule prescribed a 60-day comment period ending
November 13, 1995, and invited comments from all interested parties. No
comments were received during that period. Therefore, no changes, other
than minor editorial revisions and correction of typographical errors,
have been made in the final rule. The Postal Service is now publishing,
as a final rule, the Rules of Practice before the Board of Contract
Appeals, to be codified at part 955 of title 39 of the Code of Federal
Regulations.
List of Subjects in 39 CFR Part 955
Administrative practice and procedure, Postal Service.
For the reasons set forth in the preamble, the Postal Service
amends and revises part 955 as follows:
PART 955--[AMENDED]
1. The authority citation for 39 CFR part 955 is revised to read as
follows:
Authority: 39 U.S.C. 204, 401; 41 U.S.C. 607, 608.
Sec. 955.1 [Amended]
2. Section 955.1 is amended by revising the first sentence of
paragraph (a), paragraph (b)(1), the first sentence of paragraph
(b)(2), and paragraph (d)(5) to read as follows:
(a) Jurisdiction for considering appeals. The U.S. Postal Service
Board of Contract Appeals (Board) shall consider and determine appeals
from decisions of contracting officers arising under contracts which
contain provisions requiring the determination of appeals by the
Postmaster General or his duly authorized representative or board. * *
*
(b) Organization and location of the Board. (1) The Board is
located in Washington, DC, and its mailing address is 475 L'Enfant
Plaza, SW., Washington, DC 20260-6100.
(2) The Board consists of the Judicial Officer as Chairman, the
Associate Judicial Officer as Vice Chairman, and the Administrative
Judges of the Postal Service. * * *
* * * * *
(d) * * *
(5) Place of filings. Unless the Board otherwise directs, all
notices of appeal, pleadings and other communications shall be filed
with the Recorder of the Board at its offices in the United States
Postal Service Headquarters Building, 475 L'Enfant Plaza, SW.,
Washington, DC 20260-6100.
* * * * *
3. Section 955.9 is amended by revising the second sentence to read
as follows:
Sec. 955.9 Hearing election.
* * * In appropriate cases, the appellant shall also elect whether
he desires the optional small claims (expedited) procedure or
accelerated procedure prescribed in Sec. 955.13.
Sec. 955.13 [Removed]
4. Section 955.13 is removed.
5. Section 955.18 is amended by revising the first sentence to read
as follows:
Sec. 955.18 Where and when held.
Hearings will ordinarily be held in the Washington, DC, area,
except that upon request seasonably made and upon good cause shown, the
Board may set the hearing at another location. * * *
Sec. 955.35 [Removed]
6. Section 955.35 is removed.
[[Page 57939]]
Sec. 955.36 [Redesignated as Sec. 955.13 and Amended]
7. Section 955.36 is redesignated as Sec. 955.13 and amended by
revising the first sentence of paragraphs (b)(1) and (b)(2); by
revising paragraph (c)(1) and the first sentence of paragraph
(c)(2)(ii) and the fourth sentence of paragraph (c)(4); by revising
paragraph (d)(1) and the third sentence of paragraph (d)(3); by
revising paragraph (e); and by adding paragraph (f), as follows:
Sec. 955.13 Optional small claims (expedited) and accelerated
procedures.
* * * * *
(b) * * *
(1) In appeals where the amount in dispute is $50,000 or less, the
appellant may elect to have the appeal processed under a small claims
(expedited) procedure requiring 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) In appeals where the amount in dispute is $100,000 or less, the
appellant may elect to have the appeal processed under an accelerated
procedure requiring the decision of the appeal, whenever possible,
within 180 days after the Board receives written notice of the
appellant's election to utilize this procedure. * * *
* * * * *
(c) * * *
(1) This procedure shall apply only to appeals where the amount in
dispute is $50,000 or less as to which the appellant has elected the
small claims (expedited) procedure.
(2) * * * (ii) within 5 days after the Board has acknowledged
receipt of the notice of election, either party desiring an oral
hearing shall so inform the Board. * * *
* * * * *
(4) * * * Whenever such an oral decision is rendered, the Board
will subsequently furnish the parties a typed 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.
* * * * *
(d) * * *
(1) This procedure shall apply only to appeals where the amount in
dispute is $100,000 or less as to which the appellant has made the
requisite election.
* * * * *
(3) * * * Alternatively, in cases where the amount in dispute is
$50,000 or less as to which the accelerated procedure has been elected
and in which there has been a hearing, the single Administrative Judge
presiding at the hearing may, with the concurrence of both parties, at
the conclusion of the hearing and after entertaining such oral
arguments as he deems appropriate, render on the record oral summary
findings of fact, conclusions, and a decision of the appeal. * * *
(e) 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.
(f) Except as herein modified, the rules of this part 955 otherwise
apply in all aspects.
Sec. 955.37 [Redesignated as Sec. 955.35]
8. Section 955.37 is redesignated as Sec. 955.35.
9. Redesignated Sec. 955.35 is amended by revising the introductory
text of paragraph (a) to read as follows:
Sec. 955.35 Subpoenas.
(a) General. Upon written request of either party filed with the
Recorder or on his own initiative, the Administrative Judge to whom a
case is assigned or who is otherwise designated by the Chairman may
issue a subpoena requiring: * * *
* * * * *
Sec. 955.36 [Added]
10. New Sec. 955.36 is added to read as follows:
Sec. 955.36 Effective Dates and Applicability.
The provisions of Secs. 955.9 and 955.13 took effect on October 1,
1995. Pursuant to the Contract Disputes Acts of 1978 (41 U.S.C. 601-
613), Secs. 955.13 and 955.35 apply to appeals relating to contracts
entered into on or after March 1, 1979. All other provisions of this
part 955 took effect February 18, 1976. Except as otherwise directed by
the Board, these rules shall not apply to appeals docketed prior to
their effective dates.
Stanley F. Mires,
Chief Counsel, Legislative.
[FR Doc. 95-28365 Filed 11-22-95; 8:45 am]
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