[Federal Register Volume 62, Number 51 (Monday, March 17, 1997)]
[Rules and Regulations]
[Page 12718]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 97-6320]
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DEPARTMENT OF DEFENSE
GENERAL SERVICES ADMINISTRATION
NATIONAL AERONAUTICS AND SPACE ADMINISTRATION
48 CFR Part 33
[FAC 90-46; FAR Case 96-016; Item XI]
RIN 9000-AH38
Federal Acquisition Regulation; Attorneys' Fees in GAO Protests
AGENCIES: Department of Defense (DOD), General Services Administration
(GSA), and National Aeronautics and Space Administration (NASA).
ACTION: Final rule.
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SUMMARY: The Civilian Agency Acquisition Council and the Defense
Acquisition Regulations Council have agreed on a final rule amending
the Federal Acquisition Regulation (FAR) to clarify the effective date
of the $150.00 hourly cap on attorneys' fees imposed by Section
1403(b)(2) of the Federal Acquisition Streamlining Act (FASA) of 1994
(Public Law 103-355). The hourly cap on attorneys' fees applies only to
those protests filed on or after October 1, 1995. This regulatory
action was not subject to Office of Management and Budget review under
Executive Order 12866, dated September 30, 1993. This is not a major
rule under 5 U.S.C. 804.
EFFECTIVE DATE: May 16, 1997.
FOR FURTHER INFORMATION CONTACT: Mr. Jack O'Neill at (202) 501-3856 in
reference to this FAR case. For general information, contact the FAR
Secretariat, Room 4037, GS Building, Washington, DC 20405, (202) 501-
4755. Please cite FAC 90-46, FAR case 96-016.
SUPPLEMENTARY INFORMATION:
A. Background
This final rule amends FAR 33.104 to clarify that the $150.00
hourly cap on attorneys' fees applies only to those protests filed on
or after the effective date of FASA. Protests filed with the General
Accounting Office prior to October 1, 1995, are not subject to the
hourly cap on attorneys' fees.
B. Regulatory Flexibility Act
The final rule does not constitute a significant FAR revision
within the meaning of FAR 1.501 and Public Law 98-577, and publication
for public comments is not required. However, comments from small
entities concerning the affected FAR subpart will be considered in
accordance with 5 U.S.C. 610. Such comments must be submitted
separately and cite 5 U.S.C. 601, et seq. (FAC 90-46, FAR case 96-016),
in correspondence.
C. Paperwork Reduction Act
The Paperwork Reduction Act does not apply because the changes to
the FAR do not impose recordkeeping or information collection
requirements, or collections of information from offerors, contractors,
or members of the public which require the approval of the Office of
Management and Budget under 44 U.S.C. 3501, et seq.
List of Subjects in 48 CFR Part 33
Government procurement.
Dated: March 7, 1997.
Edward C. Loeb,
Director, Federal Acquisition Policy Division.
Therefore, 48 CFR Part 33 is amended as set forth below:
PART 33--PROTESTS, DISPUTES, AND APPEALS
1. The authority citation for 48 CFR Part 33 continues to read as
follows:
Authority: 40 U.S.C. 486(c); 10 U.S.C. chapter 137; and 42
U.S.C. 2473(c).
2. Section 33.104 is amended by revising the introductory text of
paragraph (h)(3) to read as follows:
33.104 Protests to GAO.
* * * * *
(h) * * *
(3) For protests filed on or after October 1, 1995, no agency shall
pay a party, other than a small business concern within the meaning of
section 3(a) of the Small Business Act (see 19.001, Small business
concern), costs under paragraph (h)(2) of this section--
* * * * *
[FR Doc. 97-6320 Filed 3-14-97; 8:45 am]
BILLING CODE 6820-EP-P
