[Federal Register Volume 62, Number 91 (Monday, May 12, 1997)]
[Rules and Regulations]
[Pages 25868-25870]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 97-12383]
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GENERAL SERVICES ADMINISTRATION
48 CFR Part 6104
RIN 3090-AG06
Board of Contract Appeals; Rules of Procedure for Travel and
Relocation Expenses Cases
AGENCY: Board of Contract Appeals, General Services Administration.
ACTION: Final rule.
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SUMMARY: This document specifies the rules of procedure of the GSA
Board of Contract Appeals applicable to the Board's review of claims
made by federal civilian employees against the United States for
reimbursement of expenses incurred while on temporary duty travel or in
connection with relocation to a new duty station. The rules are
intended to implement section 201(n)(3) of the General Accounting
Office Act of 1996 (Pub. L. 104-316), which transferred the authority
to resolve these claims to the Administrator of General Services, who
has redelegated that function to the Board.
EFFECTIVE DATE: This regulation is effective May 12, 1997.
FOR FURTHER INFORMATION CONTACT: Margaret S. Pfunder, Deputy Chief
Counsel, GSA Board of Contract Appeals, telephone (202) 501-0272,
Internet address: Margaret.Pfunder@gsa.gov.
SUPPLEMENTARY INFORMATION:
A. Regulatory Flexibility Act
The General Services Administration certifies that this rule will
not have a significant economic impact on a substantial number of small
entities 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 rule 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. Effective Date
These rules are applicable to all travel and relocation expenses
cases filed on or after May 12, 1997.
D. Background
On July 26, 1996, the Board published in the Federal Register (61
FR 39098) an interim rule specifying the rules of procedure the Board
would apply to its review of claims made by federal civilian employees
against the United States for reimbursement of expenses incurred while
on temporary duty travel or in connection with relocation to a new duty
station. The Board invited written comments on the interim rules. The
rules were intended to implement section 211 of the Legislative Branch
Appropriations Act, 1996 (Pub. L. 104-53), which, effective June 30,
1996, transferred certain functions of the Comptroller General to the
Director of the Office of Management and Budget (OMB), and authorized
the Director to delegate any of those functions to another agency or
agencies. Effective the same date, the Director delegated the function
contained in 31 U.S.C. 3702--the authority to review travel and
relocation expenses claims--to the Administrator of General Services,
who redelegated that function to the GSA Board of Contract Appeals.
On October 19, 1996, Congress enacted the General Accounting Office
Act of 1996 (Pub. L. 104-316). Section 201(n)(3) of that Act directly
transfers the authority of the Comptroller General to resolve travel
and relocation expenses claims under 31 U.S.C. 3702 to the
Administrator of General Services, who has continued to delegate this
function to the Board. In addition, the Administrator of General
Services has delegated to the Board the authority to adopt and issue
rules necessary for the resolution of these claims. This final rule has
been adopted by vote of the Board's judges.
E. Summary of Comments and Changes
The Board received no written comments on the interim rules. The
Board's judges, however, agreed on a number of revisions to the rules
which should improve the current, interim procedures used to resolve
travel and relocation expenses claims filed with the Board. These
revisions are discussed below in a section-by-section format.
Section 6104.1 (Scope)
Section 6104.1(a) has been changed to reference the current
statutory authority under which the Board resolves travel and
relocation expenses claims.
Section 6104.2 (Filing Claims)
In order to facilitate the filing and processing of claims, Section
6104.2(a)(3) now provides the Board's mailing address and working
hours. Section 6104.2(c) now requires that all submissions to the Board
by a claimant or an agency must indicate that a copy has been provided
to the other party. This exchange of information provided to the Board
permits an informed and timely response or reply to a claim and an
expeditious resolution of the claim.
Section 6104.3 (Response to Claim)
This rule has been revised in two ways. First, if the agency office
involved with a claim is located outside the 50 states and District of
Columbia, the rule increases from 30 to 60 calendar days after
docketing the time an agency has to respond to the claim. In the
Board's experience, agencies located outside the United States have
generally needed this additional time to receive and respond to claims.
Second, in order to expedite proceedings, the rule now provides that
the agency should notify the Board and the claimant if the agency does
not intend to file a response; e.g., the agency may believe that the
Board has been provided all relevant material (factual and legal) and
that the agency's
[[Page 25869]]
reasons for denying the claim are sufficiently explained in the
material filed by the claimant. If the Board knows that the agency is
not filing a response, it may proceed with resolving the claim rather
than waiting for the response period to expire.
Section 6104.4 (Reply to Agency Response)
This rule has been revised to increase from 10 to 30 calendar days
after receiving the agency response the time in which a claimant may
file a reply to the response (60 calendar days for a claimant located
outside the United States). The Board has concluded that 10 days often
is too short a time period for a reply, and that claimants located
outside the United States needed the longer time in which to receive
responses and submit replies. In addition, the rule now addresses the
situation in which the claim has been forwarded by the agency on behalf
of the claimant (section 6104.2(a)(2)), and gives the claimant 30
calendar days from the date the claim is docketed by the Board (60
calendar days if the claimant is located outside the United States) to
reply. Finally, in order that the Board may proceed with resolving the
claim rather than waiting for the reply period to expire, the rule now
provides that the claimant should notify the Board and the agency if
the claimant does not wish to reply.
Section 6104.5 (Proceedings)
Section 6104.5(a) has been added to clarify that the claimant or
the agency may request the Board to grant additional time to make any
filing. However, the Board may not expand time limits established by
statute.
Section 6104.6 (Decisions)
In response to inquiries by claimants as to whether decisions have
been issued and simply not forwarded, the rule makes explicit that it
has been and is the Board's practice to furnish the claimant and the
agency each with a copy of the decision. The rule also explains that
the Board's decisions are posted weekly on the Internet, and provides
the Board's Internet address.
Section 6104.7 (Reconsideration of Board Decision)
The rule has been revised to increase from 15 to 30 calendar days
(or 60 calendar days if the claimant or the agency making the request
is located outside the United States) after the date the Board's
decision was issued the time in which either a claimant or an agency
may request reconsideration of the decision.
List of Subjects in 48 CFR Part 6104
Administrative practice and procedure, Government procurement,
Travel and transportation expenses.
For the reasons set out in the preamble, 48 CFR Part 6104 is
revised to read as follows:
PART 6104--RULES OF PROCEDURE FOR TRAVEL AND RELOCATION EXPENSES
CASES
Sec.
6104.1 Scope [Rule 401].
6104.2 Filing claims [Rule 402].
6104.3 Response to claim [Rule 403].
6104.4 Reply to agency response [Rule 404].
6104.5 Proceedings [Rule 405].
6104.6 Decisions [Rule 406].
6104.7 Reconsideration of Board decision [Rule 407].
6104.8 Payment of successful claims [Rule 408].
Authority: 31 U.S.C. 3702; 41 U.S.C. 601-613; Sec. 201(n)(3),
Pub. L. 104-316, 110 Stat. 3826.
Sec. 6104.1 Scope [Rule 401].
(a) Authority. These procedures govern the Board's resolution of
claims by federal civilian employees for certain travel or relocation
expenses that were formerly settled by the Comptroller General under 31
U.S.C. 3702. Section 201(n)(3) of the General Accounting Office Act of
1996, Public Law 104-316, transfers the authority to resolve these
claims to the Administrator of General Services, who has redelegated
that function to the General Services Administration Board of Contract
Appeals. The requirements contained in 31 U.S.C. 3702, including
limitations on the time within which claims may be filed, apply to the
Board's review of these claims.
(b) Types of claims. These procedures are applicable to the review
of two types of claims made against the United States by federal
civilian employees:
(1) Claims for reimbursement of expenses incurred while on official
temporary duty travel; and
(2) Claims for reimbursement of expenses incurred in connection
with relocation to a new duty station.
(c) Review of claims. Any claim for entitlement to travel or
relocation expenses must first be filed with the claimant's own
department or agency (the agency). The agency shall initially
adjudicate the claim. A claimant disagreeing with the agency's
determination may request review of the claim by the Board. The burden
is on the claimant to establish the timeliness of the claim, the
liability of the agency, and the claimant's right to payment. The Board
will issue the final decision on a claim based on the information
submitted by the claimant and the agency.
Sec. 6104.2 Filing claims [Rule 402].
(a) Filing claims. A claim may be sent to the Board in either of
the following ways:
(1) Claim filed by claimant. A claim shall be in writing and must
be signed by the claimant or by the claimant's attorney or authorized
representative. No particular form is required. The request should
describe the basis for the claim and state the amount sought. The
request should also include:
(i) The name, address, telephone number, and facsimile machine
number, if available, of the claimant;
(ii) The name, address, telephone number, and facsimile machine
number, if available, of the agency employee who denied the claim;
(iii) A copy of the denial of the claim; and
(iv) Any other information which the claimant believes the Board
should consider.
(2) Claim forwarded by agency on behalf of claimant. If an agency
has denied a claim for travel or relocation expenses, it may, at the
claimant's request, forward the claim to the Board. The agency shall
include the information required by paragraph (a)(1) of this section
and by Sec. 6104.3.
(3) Where claims are filed. A claim should be sent to the Board at
the following address: Office of the Clerk of the Board, Room 7022,
General Services Administration Building, 1800 F Street, NW,
Washington, DC 20405. The Clerk's telephone number is: (202) 501-0116.
The Clerk's facsimile machine number is: (202) 501-0664. The Board's
working hours are 8:00 a.m. to 4:30 p.m., Eastern Time, on each day
other than a Saturday, Sunday, or federal holiday.
(b) Notice of docketing. A request for review will be docketed by
the Office of the Clerk of the Board. A written notice of docketing
will be sent promptly to the claimant and the agency contact. The
notice of docketing will identify the judge to whom the claim has been
assigned.
(c) Service of copy. The claimant shall send to the agency employee
identified in paragraph (a)(1)(ii) of this section, or the individual
otherwise identified by the agency to handle the claim, copies of all
material provided to the Board. If an agency forwards a claim to the
Board, it shall, at the same time, send to the claimant a copy of all
material sent to the Board. All submissions to the Board shall indicate
that a copy has been provided to the claimant or the agency.
[[Page 25870]]
Sec. 6104.3 Response to claim [Rule 403].
(a) Content of response. When a claim has been filed with the Board
by a claimant, within 30 calendar days after docketing by the Board (or
within 60 calendar days after docketing, if the agency office involved
is located outside the 50 states and the District of Columbia), the
agency shall submit to the Board:
(1) A simple, concise, and direct statement of its response to the
claim;
(2) Citations to applicable statutes, regulations, and cases; and
(3) Any additional information deemed necessary to the Board's
review of the claim.
(b) Service of copy. A copy of these submissions shall also be sent
to the claimant. To expedite proceedings, if the agency believes its
reasons for denying the claim were sufficiently explained in the
material filed by the claimant, it should notify the Board and the
claimant that it does not intend to file a response.
Sec. 6104.4 Reply to agency response [Rule 404].
A claimant may file a reply to the agency response within 30
calendar days after receiving the response (or within 60 calendar days
after receiving the response, if the claimant is located outside the 50
states and the District of Columbia). If the claim has been forwarded
by the agency, the claimant shall have 30 calendar days from the time
the claim is docketed by the Board (or 60 calendar days after
docketing, if the claimant is located outside the 50 states and the
District of Columbia) to reply. To expedite proceedings, if the
claimant does not wish to reply, the claimant should so notify the
Board and the agency.
Sec. 6104.5 Proceedings [Rule 405].
(a) Requests for additional time. The claimant or the agency may
request additional time to make any filing.
(b) Conferences. The judge will not engage in ex parte
communications involving the underlying facts or merits of the claim.
The judge may hold a conference with the claimant and the agency
contact, at any time, for any purpose. The judge may provide the
participants a memorandum reflecting the results of a conference.
(c) Additional submissions. The judge may require the submission of
additional information at any time.
Sec. 6104.6 Decisions [Rule 406].
The judge will issue a written decision based upon the record,
which includes submissions by the claimant and the agency, and
information provided during conferences. The claimant and the agency
will each be furnished a copy of the decision by the Office of the
Clerk of the Board. In addition, all Board decisions are posted weekly
on the Internet. The Board's Internet address is: www.gsbca.gsa.gov.
Sec. 6104.7 Reconsideration of Board decision [Rule 407].
A request for reconsideration may be made by the claimant or the
agency. Such requests must be received by the Board within 30 calendar
days after the date the decision was issued (or within 60 calendar days
after the date the decision was issued, if the claimant or the agency
office making the request is located outside the 50 states and the
District of Columbia). The request for reconsideration should state the
reasons why the Board should consider the request. Mere disagreement
with a decision or re-argument of points already made is not a
sufficient ground for seeking reconsideration.
Sec. 6104.8 Payment of successful claims [Rule 408].
The agency shall pay amounts the Board determines are due the
claimant.
Dated: May 5, 1997
Stephen M. Daniels,
Chairman, GSA Board of Contract Appeals.
[FR Doc. 97-12383 Filed 5-9-97; 8:45 am]
BILLING CODE 6820-34-P
