[Federal Register Volume 61, Number 59 (Tuesday, March 26, 1996)]
[Rules and Regulations]
[Pages 13280-13281]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 96-7089]
[[Page 13279]]
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Part VI
Department of Housing and Urban Development
_______________________________________________________________________
Office of the Secretary
_______________________________________________________________________
24 CFR Part 20
Board of Contract Appeals Rule Revisions; Final Rule
Federal Register / Vol. 61, No. 59 / Tuesday, March 26, 1996 / Rules
and Regulations
[[Page 13280]]
DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT
Office of the Secretary
24 CFR Part 20
[Docket No. FR-4013-F-01]
RIN 2501-AC16
Board of Contract Appeals Rule Revisions
AGENCY: Office of the Secretary, HUD.
ACTION: Final rule.
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SUMMARY: This final rule revises HUD's Board of Contract Appeals
regulations in 24 CFR part 20 to increase certain monetary amounts that
are required by the Federal Acquisition Streamlining Act of 1994.
EFFECTIVE DATE: April 25, 1996.
FOR FURTHER INFORMATION CONTACT: David T. Anderson, Chairman, HUD Board
of Contract Appeals, Room 2131, U.S. Department of Housing and Urban
Development, Washington, DC 20410-0001; telephone (202) 927-5110. (This
number is not a toll-free number.) For hearing- or speech-impaired
persons, this number may be accessed via TTY by contacting the Federal
Information Relay Service at 1-800-877-8339.
SUPPLEMENTARY INFORMATION:
Amendments Made by This Rule
This final rule revises the rules of the Department of Housing and
Urban Development Board of Contract Appeals. The revisions to Rule 1,
2, 12.1 and Rule 12.3, increasing certain monetary amounts, are
required by the Federal Acquisition Streamlining Act of 1994 (Pub. L.
103-355, approved October 13, 1994), which amended the Contract
Disputes Act of 1978, 41 U.S.C. 601-613. Rule 6 has been revised in the
interests of judicial efficiency and fairness, holding the Government
to the same obligation with respect to filings as the Appellant.
Finally, Section 20.3 of the Board Rules has been revised to note
changes in the Board's physical location and facsimile number, and to
note the availability of alternative dispute resolution procedures and
the applicability of the Equal Access to Justice Act.
Justification for Final Rulemaking
In general, the Department publishes a rule for public comment
before issuing a rule for effect, in accordance with its own
regulations on rulemaking at 24 CFR part 10. However, part 10 provides
for exceptions from that general rule where the Department finds good
cause to omit advance notice and public comment is ``impracticable,
unnecessary, or contrary to the public interest'' (24 CFR 10.1). The
Department finds that good cause exists to publish this rule for effect
without first soliciting public comment because the statutory
provisions are self-executing and prior public comment is unnecessary.
The rule only updates the current regulations to comply with the
Federal Acquisition Streamlining Act of 1994.
Other Matters
Environmental Impact
An environmental finding under section 102(2)(C) of the National
Environmental Policy Act (42 U.S.C. 4321-4347) and 24 CFR Part 50 is
categorically excluded under Sec. 50.20(k) because this rule only
revises internal administrative procedures of the Department.
Regulatory Flexibility Act
The Secretary, in accordance with the Regulatory Flexibility Act (5
U.S.C. 605(b)), has reviewed and approved this rule, and in so doing
certifies that this rule will not have a significant economic impact on
a substantial number of small entities. This rule only revises the
Department's Board of Contract Appeals rules.
Family Impact
The General Counsel, as the Designated Official under Executive
Order 12606, The Family, has determined that this final rule will not
have a potential, direct, significant impact on family formation,
maintenance, and general well-being; therefore, it is not subject to
review under this order.
Federalism
The General Counsel, as the Designated Official under section 6(a)
of Executive Order 12612, Federalism, has determined that the policies
contained in this final rule will not have significant federalism
implications and thus are not subject to review under the order. This
final rule will not interfere with or preempt State or local government
functions.
List of Subjects in 24 CFR Part 20
Administrative practice and procedure, Government contracts,
Organization and functions (Government agencies).
Accordingly, 24 CFR part 20 is amended as follows:
PART 20--BOARD OF CONTRACT APPEALS
1. The authority citation for part 20 has been revised to read as
follows:
Authority: 41 U.S.C. 601-613; 42 U.S.C. 3535(d).
2. In Sec. 20.3, paragraph (a) is revised to read as follows:
Sec. 20.3 Organization and location of the Board.
(a) Location. The Board's mailing address is: Board of Contract
Appeals, U.S. Department of Housing and Urban Development, Room 2131,
451 Seventh Street, S.W., Washington, D.C. 20410-0001. For items
requiring non-postal delivery, the Board is located in Room 3229, 1201
Constitution Ave., N.W. 20001. The telephone number of the Board is
(202) 927-5110. (This is not a toll-free number.) For learning- or
speech-impaired persons, this number may be accessed via TTY by
contacting the Federal Information Relay Service at 1-800-877-8339. The
facsimile number is (202) 927-6257.
* * * * *
3. Section 20.10 is amended by:
a. Designating the undesignated paragraph as paragraph (a); and
b. Adding new paragraphs (b), (c) and (d), as follows:
Sec. 20.10 Rules.
(a) * * *
(b) Filing Requirements. A party shall file with the Board one
original of any pleading or motion. That party shall simultaneously
serve upon the other party of record one copy of that pleading or
motion filed with the Board. Filings may be transmitted to the Board
via facsimile. However, the original of any document transmitted to the
Board by facsimile shall simultaneously be mailed to the Board.
(c) Alternative Disputes Resolution. The Administrative Dispute
Resolution Act authorizes and encourages Federal agencies to use
mediation, conciliation, arbitration, and other techniques for the
prompt and informal resolution of disputes. With the mutual consent of
the parties, the Board may assist in the resolution of disputes by
Alternative Dispute Resolution (ADR) procedures. The utilization of ADR
procedures shall not relieve the parties from the filing requirements
or other orders of the Board relating to a contract appeal duly
docketed before the Board.
(d) Equal Access to Justice Act. The Equal Access to Justice Act
provides that agencies which conduct adversary adjudications ``shall
award, to a prevailing party other than the United States, fees and
other expenses incurred
[[Page 13281]]
by that party in connection with that proceeding, unless the
adjudicative officer of the agency finds that the position of the
agency was substantially justified or that special circumstances make
an award unjust.'' 5 U.S.C. Sec. 504. Prevailing parties in proceedings
before the Board may apply for an award under the Act following the
issuance by the Board of its final decision in the appeal.
* * * * *
Rule 1 [Amended]
4. In paragraphs (b) and (c) of Rule 1. ``Appeals, how taken.'' of
Sec. 20.10, ``$50,000'' is revised to read ``$100,000'' wherever it
appears.
Rule 2 [Amended]
5. In the last sentence of Rule 2 ``Notice of appeal, contents
of.'' of Sec. 20.10, ``$50,000'' is revised to read ``$100,000.''
Rule 6 [Amended]
6. In paragraph (b) of Rule 6. ``Pleadings.'' of Sec. 20.10, the
last sentence of paragraph (b) is removed.
Rule 12.1 [Amended]
7. In paragraph (a) of Rule 12.1. ``Elections to utilize small
claims (expedited) and accelerated procedures.'' of Sec. 20.10,
``$10,000'' is revised to read ``$50,000'' wherever it appears and in
paragraph (b) ``$50,000'' is revised to read ``$100,000'' wherever it
appears.
Rule 12.3 [Amended]
8. In paragraph (c) of Rule 12.3. ``The accelerated procedure.'' of
Sec. 20.10, ``$10,000'' is revised to read ``$50,000'' wherever it
appears.
Dated: March 7, 1996.
Henry G. Cisneros,
Secretary.
[FR Doc. 96-7089 Filed 3-25-96; 8:45 am]
BILLING CODE 4210-32-P
