94-28869. Contract Disputes in the Sale of Government Personal Property

[Federal Register Volume 59, Number 226 (Friday, November 25, 1994)]
[Unknown Section]
[Page 0]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 94-28869]


[[Page Unknown]]

[Federal Register: November 25, 1994]


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GENERAL SERVICES ADMINISTRATION

41 CFR Part 101-45

[FPMR Amendment H-191]
RIN 3090-AF48

 

Contract Disputes in the Sale of Government Personal Property

AGENCY: Federal Supply Service, GSA.

ACTION: Final rule.

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SUMMARY: This regulation provides guidance regarding contract disputes. 
The intended effect of this action is to ensure uniformity of 
application by all agencies.

EFFECTIVE DATE: November 25, 1994.

FOR FURTHER INFORMATION CONTACT:
Grant E. Beattie, Acting Director, Property Management Division (703-
305-7240).

SUPPLEMENTARY INFORMATION: The General Services Administration (GSA) 
has determined that this rule is not a significant regulatory action 
for the purposes of Executive Order 12866.

Regulatory Flexibility Act

    This rule is not required to be published in the Federal Register 
for notice and comment. Therefore, the Regulatory Flexibility Act does 
not apply.

List of Subjects in 41 CFR 101-45

    Government property management, Metals, Surplus Government 
property.

    For the reasons set forth in the preamble, 41 CFR Part 101-45 is 
amended as follows:

PART 101-45--SALE, ABANDONMENT, OR DESTRUCTION OF PERSONAL PROPERTY

    1. The authority citation for Part 101-45 continues to read as 
follows:

    Authority: Sec. 205(c), 63 Stat. 390; 40 U.S.C. 486(c).]

    2. Subpart 101-45.4 is added to read as follows:

Subpart 101-45.4--Contract Disputes

Sec.
101-45.400  Scope of subpart.
101-45.401  The dispute clause.
101-45.402  Alternative disputes resolution.

Subpart 101-45.4--Contract Disputes


Sec. 101-45.400  Scope of subpart.

    This subpart provides guidance regarding contract claims and 
appeals relating to contracts for the sale of personal property under 
the Contract Disputes Act of 1978, as amended, (41 U.S.C. 601-613). 
Contracting agencies should seek guidance from the Contract Disputes 
Act (the Act) and Federal Acquisition Regulation (FAR) 48 CFR Part 33. 
The Act applies to all contracts entered into by executive agencies for 
the sale of personal property, except the following:
    (a) Contracts with a foreign government or agency of that 
government when the agency head determines that application of the Act 
to the contract would not be in the public interest,
    (b) Contracts with an international organization or a subsidiary 
body of that organization, if the agency head determines that the 
application of the Act to the contract would not be in the public 
interest, and
    (c) Contracts of the Tennessee Valley Authority unless such 
contracts contain a disputes clause requiring dispute resolution via an 
administrative process.


Sec. 101-45.401  The disputes clause.

    The disputes clause contained at 48 CFR 52.233-1 must be included 
in all solicitations and contracts for the sale of personal property 
unless the exceptions in Sec. 101-45.400 apply.


Sec. 101-45.402  Alternative disputes resolution.

    The Government's policy is to try to resolve all contractual issues 
in controversy by mutual agreement at the contracting officer's level. 
Agencies are encouraged to use alternative dispute resolution (ADR) 
procedures to the maximum extent practicable in accordance with the 
authority and the requirements of the Administrative Disputes 
Resolution Act (Pub. L. 101-522) and agency policies.

    Dated: November 4, 1994.
Julia M. Stasch,
Acting Administrator of General Services.
[FR Doc. 94-28869 Filed 11-23-94; 8:45 am]
BILLING CODE 6820-24-M