[Federal Register Volume 61, Number 246 (Friday, December 20, 1996)]
[Rules and Regulations]
[Pages 67241-67242]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 96-32278]
=======================================================================
-----------------------------------------------------------------------
GENERAL SERVICES ADMINISTRATION
48 CFR Part 6104
RIN 3090-AG29
Board of Contract Appeals; Rules of Procedure for Travel and
Relocation Expenses Cases
AGENCY: Board of Contract Appeals, General Services Administration.
ACTION: Interim rule.
-----------------------------------------------------------------------
SUMMARY: This document specifies the procedures the GSA Board of
Contract Appeals will apply to the Board's review of a request from an
agency disbursing or certifying official, or agency head, for a Board
decision on a question involving a payment the official will make, or a
voucher presented to a certifying official for certification, which
concerns a claim against the agency for reimbursement of expenses
incurred by a federal civilian employee while on official temporary
duty or in connection with relocation to a new duty station.
DATES: This rule is effective December 20, 1996, and will expire on
July 26, 1997. 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.Pfunder@gsa.gov.
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 this revision
will not have a significant economic impact on a substantial number of
small entities
[[Page 67242]]
within the meaning of the Regulatory Flexibility Act (5 U.S.C. 601 et
seq.).
B. Paperwork Reduction Act
The Paperwork Reduction Act does not apply because the proposed
revision does 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
Until recently amended by section 204 of the General Accounting
Office Act of 1996 (Pub. L. 104-316)(GAO Act), 31 U.S.C. 3529 provided
that, upon the request of a disbursing or certifying official or the
head of an agency, the Comptroller General would issue a decision on a
question involving a payment to be made by the disbursing official or
head of the agency, or a voucher to be certified by a certifying
official. Those decisions issued by the Comptroller General were
commonly known as ``advance decisions,'' since the Comptroller
General's decision was sought by agency officials before making
payments or certifying vouchers for payment.
Section 204 of the GAO Act amends 31 U.S.C. 3529 by referencing an
earlier transfer of functions from the Comptroller General to the
Director of the Office of Management and Budget authorized by section
211 of the Legislative Branch Appropriation Act, 1996 (Pub. L. 104-53)
(LBAA). Section 211 of the LBAA also authorized the Director to
delegate any of those functions to another agency or agencies. On June
30, 1996, the Director delegated some of the functions contained in 31
U.S.C. 3702--the authority to review claims made against the United
States for reimbursement of expenses incurred by federal civilian
employees while on official temporary duty travel or in connection with
relocation to a new duty station--to the Administrator of General
Services, who redelegated that function to the Chairman of the GSA
Board of Contract Appeals.
With respect to a function transferred to OMB under section 211 of
the LBAA and delegated by OMB to another agency, section 204 of the GAO
Act provides that the head of that agency has the authority to issue
the ``advance decisions'' authorized by 31 U.S.C. 3529 on questions
involving such functions. Thus, the Administrator of General Services
is authorized to issue ``advance decisions'' on questions involving
reimbursement of expenses incurred by federal civilian employees while
on official temporary duty travel or in connection with relocation to a
new duty station. The Administrator has redelegated that function to
the Chairman of the GSA Board of Contract Appeals, along with the
authority to adopt and issue rules necessary for the issuance of these
decisions. This interim rule has been approved by majority vote of the
Board's members.
List of Subjects in 48 CFR Part 6104
Administrative practice and procedure, Government procurement,
Travel and relocation expenses.
PART 6104--RULES OF PROCEDURE FOR TRAVEL AND RELOCATION EXPENSES
CASES
1. The authority citation for part 6104 is revised to read as
follows:
Authority: Secs. 202(n), 204, Pub. L. 104-316, 110 Stat. 3826;
Sec. 211, Pub. L. 104-53, 109 Stat. 535; 31 U.S.C. 3529; 31 U.S.C.
3702; 41 U.S.C. 601-613.
2. Section 6104.9 is added effective December 20, 1996 until July
26, 1997 to read as follows:
Sec. 6104.9 Decisions authorized under 31 U.S.C. 3529 [Rule 409].
(a) Request for decision. (1) A disbursing or certifying official
of an agency, or the head of an agency, may request a decision from the
Board on a question involving a payment the disbursing official or head
of the agency will make, or a voucher presented to a certifying
official for certification, which concerns a matter specified in
6104.1. Such a decision is referred to as a ``Section 3529 decision.''
(2) A request for a Section 3529 decision shall be in writing; no
particular form is required. The request must refer to a specific
payment or voucher; it may not seek general legal advice. The request
should--
(i) Explain why the official is seeking a Section 3529 decision,
rather than taking action on his or her own regarding the matter;
(ii) State the question presented and include citations to
applicable statutes, regulations, and cases; and
(iii) Include--
(A) The name, address, telephone number, and facsimile machine
number (if available) of the official making the request;
(B) The name, address, telephone number, and facsimile number (if
available) of the employee affected by the specific payment or voucher;
and
(C) Any other information which the official believes the Board
should consider.
(b) Notice of docketing. A request for a Section 3529 decision will
be docketed by the Office of the Clerk of the Board. A written notice
of docketing will be sent promptly to the official and the affected
employee. The notice of docketing will identify the judge to whom the
request has been assigned.
(c) Service of copy. The official submitting a request for a
Section 3529 decision shall send to the affected employee copies of all
material provided to the Board.
(d) Additional submission. If the affected employee wishes to
submit any additional information to the Board, he or she must so
inform the Board within 10 calendar days after receiving the copy of
the request for decision and supporting material. The judge will
establish the time frame for any such submission.
(e) Proceedings and decisions. 6104.5 and 6104.6 govern proceedings
relating to requests for Section 3529 decisions and the issuance of
such decisions.
Dated: December 16, 1996.
Stephen M. Daniels,
Chairman, GSA Board of Contract Appeals.
[FR Doc. 96-32278 Filed 12-19-96; 8:45 am]
BILLING CODE 6820-34-P
