[Federal Register Volume 60, Number 177 (Wednesday, September 13, 1995)]
[Proposed Rules]
[Pages 47514-47515]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 95-22634]
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POSTAL SERVICE
39 CFR Part 955
Rules of Practice Before the Board of Contract Appeals
AGENCY: Board of Contract Appeals, Postal Service.
ACTION: Proposed rule.
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SUMMARY: This document contains proposed revisions to certain rules of
practice of the Postal Service Board of Contract Appeals (Board). These
revisions would implement provisions of the Federal Acquisition
Streamlining Act of 1994, which amended the Contract Disputes Act of
1978, under which the Board adjudicates contract disputes. These
revisions would increase the maximum amount that may be in dispute for
appeals to qualify for consideration under the small claims and
accelerated procedures of boards of contract appeals.
DATES: Comments must be received on or before November 13, 1995.
ADDRESSES: Written comments should be mailed or delivered to the
Judicial Officer Department, U.S. Postal Service, 475 L'Enfant Plaza
SW, Washington, DC 20260-6100. Comments received will be available at
the above address for inspection and photocopying between 9 a.m. and 4
p.m., Monday through Friday.
FOR FURTHER INFORMATION CONTACT: Dennis E. Wiessner, Jr., or J. Brett
Golden, 202-268-5438.
SUPPLEMENTARY INFORMATION:
Background
This document contains proposed revisions to the rules of practice
of the Postal Service Board of Contract Appeals (Board). These
revisions would implement certain provisions of the Federal Acquisition
Streamlining Act of 1994 (Pub. L. 103-355) (FASA), which amended
sections 8(f) and 9(a) of the Contract Disputes Act of 1978 (41 U.S.C.
601-613), under which the Board adjudicates contract disputes. These
revisions would increase the maximum amount that may be in dispute for
appeals to qualify for consideration under the small claims and
accelerated procedures of boards of contract appeals.
The Postmaster General has delegated to the Board the authority to
adopt and issue rules necessary to resolve contract disputes under the
Contract Disputes Act of 1978. 39 CFR 955.1(d).
Effective Date
Pursuant to sections 10001 and 10002 of the FASA, the Board
proposes to make the revised rules, as well as sections 2351(c) and (d)
of the FASA, applicable to all pending appeals and to those appeals
filed on or after October 1, 1995. However, comments will be considered
for November 13, 1995.
Proposed Changes
The monetary limit of the eligibility requirement for the small
claims (expedited) procedure is increased from $10,000 to $50,000 (39
CFR 955.13(b)(1), (c)(1)). The monetary limit of the eligibility
requirement for the accelerated procedure is increased from $50,000 to
$100,000 (39 CFR 955.13(b)(2), (d)(1), (d)(3)).
List of Subjects in 39 CFR Part 955
Administrative practices and procedure, Postal Service.
For the reasons set forth in the preamble, the Postal Service
proposes to amend 39 CFR part 955 as follows:
PART 955--RULES OF PRACTICE BEFORE THE BOARD OF CONTRACT APPEALS
1. The authority citation for 39 CFR part 955 is revised to read as
follows:
Authority: 39 U.S.C. 204, 401; 41 U.S.C. 607, 608.
2. Section 955.9 is amended by revising the second sentence to read
as follows:
Sec. 955.9 Hearing election.
* * * In appropriate cases, the appellant shall also elect whether
he desires the optional small claims (expedited) procedure or
accelerated procedure prescribed in Sec. 955.13.
Sec. 955.13 [Removed]
3. Section 955.13 is removed.
Sec. 955.36 [Redesignated as Sec. 955.13]
4. Section 955.36 is redesignated as Sec. 955.13 and amended by
revising the first sentence of paragraphs (b)(1) and (b)(2); by
revising paragraph (c)(1) and the first sentence of (c)(2)(ii) and the
fourth sentence of paragraph (c)(4); by revising paragraph (d)(1) and
the third sentence of (d)(3); by revising paragraph (e); and by adding
paragraph (f), as follows:
[[Page 47515]]
Sec. 955.13 Optional small claims (expedited) and accelerated
procedures.
* * * * *
(b) Elections to Utilize small claims (expedited) and accelerated
Procedure.
(1) In appeals where the amount in dispute is $50,000 or less, the
appellant may elect to have the appeal processed under a small claims
(expedited) procedure requiring decision of the appeal, whenever
possible, within 120 days after the Board receives written notice of
the appellant's election to utilize this procedure. * * *
(2) In appeals where the amount in dispute is $100,000 or less, the
appellant may elect to have the appeal processed under an accelerated
procedure requiring the decision of the appeal, whenever possible,
within 180 days after the Board receives written notice of the
appellant's election to utilize this procedure. * * *
(c) The small claims (expedited) Procedure.
(1) This procedure shall apply only to appeals where the amount in
dispute is $50,000 or less as to which the appellant has elected the
small claims (expedited) procedure.
(2) * * * (ii) within 5 days after the Board has acknowledged
receipt of the notice of election, either party desiring an oral
hearing shall so inform the Board. * * *
* * * * *
(4) * * * Whenever such an oral decision is rendered, the Board
will subsequently furnish the parties a typed copy of such oral
decision for the record and payment purposes and for the establishment
of the commencement date of the period for filing a motion of
reconsideration under Sec. 955.30.
* * * * *
(d) The accelerated Procedure.
(1) This procedure shall apply only to appeals where the amount in
dispute is $100,000 or less as to which the appellant has made the
requisite election.
* * * * *
(3) * * * Alternatively, in cases where the amount in dispute is
$50,000 or less as to which the accelerated procedure has been elected
and in which there has been a hearing, the single Administrative Judge
presiding at the hearing may, with the concurrence of both parties, at
the conclusion of the hearing and after entertaining such oral
arguments as he deems appropriate, render on the record oral summary
findings of fact, conclusions, and a decision of the appeal. * * *
(e) Motions for Reconsideration in Cases Arising Under Sec. 955.13.
Motions for reconsideration of cases decided under either the small
claims (expedited) procedure or the accelerated procedure need not be
decided within the time periods prescribed by this Sec. 955.13 for the
initial decision of the appeal, but all such motions shall be processed
and decided rapidly so as to fulfill the intent of this section.
(f) Except as herein modified, the rules of this part 955 otherwise
apply in all aspects.
Sec. 955.35 [Removed]
Section 955.35 is removed.
Sec. 955.37 [Redesignated as 955.35]
6. Section 955.37 is redesignated as Sec. 955.35.
7. New Sec. 955.36 is added to read as follows:
Sec. 955.36 Effective Dates and applicability.
The provisions of Secs. 955.9 and 955.13 took effect [date of
publication of final rule in the Federal Register]. Pursuant to the
Contract Disputes Act of 1978 (41 U.S.C. 601-613), Secs. 955.13 and
955.35 apply to appeals relating to contracts entered into on or after
March 1, 1979. All other provisions of this part 955 took effect
February 18, 1976. Except as otherwise directed by the Board, these
rules shall not apply to appeals docketed prior to their effective
date.
Stanley F. Mires,
Chief Counsel, Legislative.
[FR Doc. 95-22634 Filed 9-12-95; 8:45 am]
BILLING CODE 7710-12-P
