[Federal Register Volume 62, Number 91 (Monday, May 12, 1997)]
[Rules and Regulations]
[Pages 25870-25872]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 97-12384]
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GENERAL SERVICES ADMINISTRATION
48 CFR Parts 6104 and 6105
RIN 3090-AG29
Board of Contract Appeals; Rules of Procedure for Decisions
Authorized Under 31 U.S.C. 3529
AGENCY: Board of Contract Appeals, General Services Administration.
ACTION: Final rule.
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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 travel or in connection with relocation to a new duty station.
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 proposed
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 Board-issued decisions authorized
under 31 U.S.C. 3529 filed on or after May 12, 1997.
D. Background
On December 20, 1996, the Board published in the Federal Register
(61 FR 67241) an interim rule specifying the rules of procedure the
Board would 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 travel or in
connection with relocation to a new duty station. Such a decision is
referred to by the rules as a ``Section 3529 decision.'' The Board
invited written comments on the interim rules.
The rules were intended to implement section 204 of the General
Accounting Office Act of 1996 (Pub. L. 104-316) (GAO Act), which, by
amending 31 U.S.C. 3529, transferred the authority of the Comptroller
General to make decisions on agency questions regarding payment or
certification of vouchers which involved federal civilian employees'
travel and relocation expenses, to the Administrator of General
Services, who redelegated that function to the GSA Board of Contract
Appeals. When issued by the Comptroller General, these decisions were
commonly known as ``advance
[[Page 25871]]
decisions'' since they were 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 Legislative Branch Appropriations 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 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
``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 Board, along with the authority to adopt and issue rules necessary
for the issuance of these decisions. 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 rule.
The Board's judges, however, agreed on a reorganization of the
interim rule which necessitated a number of structural and textual
revisions to the rule. The interim rule was published as 48 CFR 6104.9,
the final section (and rule) of part 6104, which contains the Board's
rules of procedure for travel and relocation expenses cases. In
reviewing the interim rule, the Board determined that the procedures
for Section 3529 decisions could be simplified and made clearer if the
material in the interim rule was expanded to comprise its own part.
Former interim rule 48 CFR 6104.9 has therefore been renumbered as 48
CFR part 6105. The following revisions have been made:
Section 6105.1 (Scope)
This section has been added to describe explicitly the matters to
which the rules apply and the authority under which the Board reviews
requests for Section 3529 decisions.
Section 6105.2 (Request for Decision)
This section comprises paragraphs (a), (b), and (c) of former
section 6104.9. Language has been added which: (1) Explains that
Section 3529 decisions may be requested on matters which pertain to
claims involving reimbursement of travel and relocation expenses; (2)
states the address and working hours of the Office of the Clerk of the
Board; and (3) requires the agency to provide to the affected employee
a copy of all agency submissions to the Board.
Section 6105.3 (Additional Submissions)
Formerly section 6104.9(d) of the interim rule, this section has
been revised in two ways. First, the rule increases from 10 to 30
calendar days after receiving the copy of the request for decision the
time in which an affected employee may submit any additional
information to the Board (60 calendar days for an affected employee
located outside the United States). The Board found that 10 calendar
days is often too short a time period for employees to make an
additional submission, and that employees located outside the United
States often need a longer time in which to receive and respond to
submissions. Second, to help expedite resolution of these matters,
rather than waiting for the additional submission period to expire, the
rule now provides that the affected employee should notify the Board
and the agency if the employee does not wish to make an additional
submission.
Section 6105.4 (Proceedings)
This rule has been added to cover three aspects of proceeding:
requests for additional time; conferences; and additional submissions.
It parallels the rule on proceedings in part 6104 (Rules of Procedure
for Transportation and Relocation Expenses Cases).
Section 6105.5 (Decisions)
This rule has been added to describe the record on which a judge
will base a decision under this part. The rule also provides that the
Board will furnish the agency and the affected employee each a copy of
the decision, and gives the Internet address at which all of the
Board's decisions are posted weekly.
Section 6105.6
This rule describes how and under what circumstances an agency or
affected employee may request reconsideration of a Board decision.
List of Subjects in 48 CFR Parts 6104 and 6105
Administrative practice and procedure, Government procurement,
Travel and transportation expenses.
For the reasons set out in the preamble, 48 CFR Chapter 61 is
amended as follows:
1. The authority citation for Part 6104 continues to read as
follows:
Authority: 31 U.S.C. 3529; 31 U.S.C. 3702; 41 U.S.C. 601-613;
Secs 202(n), 204, Pub. L. 104-316, 110 Stat. 3826; Sec. 211, Pub. L.
104-53, 109 Stat. 535.
2. Section 6104.9 is redesignated as part 6105 and revised to as
follows:
PART 6105--RULES OF PROCEDURE FOR DECISIONS AUTHORIZED BY 31 U.S.C.
3529
Sec.
6105.1 Scope [Rule 501].
6105.2 Request for decision [Rule 502].
6105.3 Additional submissions [Rule 503].
6105.4 Proceedings [Rule 504].
6105.5 Decisions [Rule 505].
6105.6 Reconsideration of Board decision [Rule 506].
Authority: 31 U.S.C. 3529; 31 U.S.C. 3702; 41 U.S.C. 601-613;
Secs. 202(n), 204, Pub. L. 104-316, 110 Stat. 3826; Sec. 211, Pub.
L. 104-53, 109 Stat. 535.
Sec. 6105.1 Scope [Rule 501].
These procedures govern the Board's issuance of decisions, upon the
request of an agency disbursing or certifying official, or agency head,
on questions involving payment of travel or relocation expenses that
were formerly issued by the Comptroller General under 31 U.S.C. 3529.
Section 204 of the General Accounting Office Act of 1996, Public Law
104-316, transfers the authority to issue these decisions to the
Director of the Office of Management and Budget, and authorizes the
Director to delegate the authority to perform that function to another
agency or agencies. The Director has delegated the authority to issue
these decisions to the Administrator of General Services, who has
redelegated that function to the General Services Administration Board
of Contract Appeals.
Sec. 6105.2 Request for decision [Rule 502].
(a) Request for decision. (1) A disbursing or certifying official
of an agency, or the head of an agency, may request from the Board a
decision (referred to as a ``Section 3529 decision'') on a question
involving a
[[Page 25872]]
payment the disbursing official or head of agency will make, or a
voucher presented to a certifying official for certification, which
concerns the following type of claim made against the United States by
a federal civilian employee:
(i) A claim for reimbursement of expenses incurred while on
official temporary duty travel; and
(ii) A claim for reimbursement of expenses incurred in connection
with relocation to a new duty station.
(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;
(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; and
(iv) Be sent to the 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 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. All submissions to the Board shall
indicate that a copy has been provided to the affected employee.
Sec. 6105.3 Additional submissions [Rule 503].
If the affected employee wishes to submit any additional
information to the Board, he or she must submit such information within
30 calendar days after receiving the copy of the request for decision
and supporting material (or within 60 calendar days after receiving the
copy, if the affected employee is located outside the 50 states and the
District of Columbia). To expedite proceedings, if the employee does
not wish to make an additional submission, the employee should so
notify the Board and the agency.
Sec. 6105.4 Proceedings [Rule 504].
(a) Requests for additional time. The agency or the affected
employee 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 request.
The judge may hold a conference with the agency and the affected
employee, 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. 6105.5 Decisions [Rule 505].
The judge will issue a written decision based upon the record,
which includes submissions by the agency and the affected employee, and
information provided during conferences. The agency and the affected
employee 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. 6105.6 Reconsideration of Board decision [Rule 506].
A request for reconsideration may be made by the agency or the
affected employee. 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 agency or
the affected employee 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.
Dated: May 5, 1997.
Stephen M. Daniels,
Chairman, GSA Board of Contract Appeals.
[FR Doc. 97-12384 Filed 5-9-97; 8:45 am]
BILLING CODE 6820-AL-P
