NOTE: COMMENTS REGARDING ANY FEDERAL REGISTER NOTICE MUST BE SENT TO THE ADDRESS INDICATED IN THE DOCUMENT. ANY COMMENTS ON THE RAPID INFORMATION BULLETIN BOARD SYSTEM (RIBBS) ABOUT ANY FEDERAL REGISTER NOTICES WILL NOT BE USED OR CONSIDERED IN THE COURSE OF ANY RULE MAKING. [Federal Register: November 24, 1995 (Volume 60, Number 226)] [Rules and Regulations] [Page 57938-57939] From the Federal Register Online via GPO Access [wais.access.gpo.gov] ======================================================================= ----------------------------------------------------------------------- POSTAL SERVICE 39 CFR Part 955 Rules of Practice Before the Board of Contract Appeals AGENCY: Postal Service. ACTION: Final rule. ----------------------------------------------------------------------- SUMMARY: On September 13, 1995, the Postal Service published in the Federal Register (60 FR 47514-47515) for public comment a proposed rule to revise the rules of practice of the Postal Service Board of Contract Appeals (Board). The Postal Service is now issuing a final rule that revises certain rules of practice of the Postal Service Board. These revisions implement 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 increase the maximum amount that may be in dispute for appeals to qualify for consideration under the small claims (expedited) and accelerated procedures of boards of contract appeals. Minor editorial revisions and corrections of typographical errors are also included in this final rule. EFFECTIVE DATE: October 1, 1995. Applicability: Pursuant to sections 10001 and 10002 of the FASA, the Board made the revised rules, as well as sections 2351(c-d) of the FASA, applicable to all pending appeals and to those appeals filed on or after October 1, 1995. FOR FURTHER INFORMATION CONTACT: Dennis E. Wiessner, Jr., Staff Counsel, Judicial Officer Department, 202-268-5438. SUPPLEMENTARY INFORMATION: On September 13, 1995, the Postal Service published in the Federal Register (60 FR 47514-47515) for public comment a proposed rule to revise the rules of practice of the Postal Service Board of Contract Appeals (Board). The revisions implement certain provisions of the Federal Acquisition Streamlining Act of 1994 under which the Board adjudicates contract disputes. These revisions increase the maximum amount that may be in dispute for appeals to qualify for consideration under the small claims (expedited) and accelerated procedures of the boards of contract appeals. The proposed rule prescribed a 60-day comment period ending November 13, 1995, and invited comments from all interested parties. No comments were received during that period. Therefore, no changes, other than minor editorial revisions and correction of typographical errors, have been made in the final rule. The Postal Service is now publishing, as a final rule, the Rules of Practice before the Board of Contract Appeals, to be codified at part 955 of title 39 of the Code of Federal Regulations. List of Subjects in 39 CFR Part 955 Administrative practice and procedure, Postal Service. For the reasons set forth in the preamble, the Postal Service amends and revises part 955 as follows: PART 955--[AMENDED] 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. Sec. 955.1 [Amended] 2. Section 955.1 is amended by revising the first sentence of paragraph (a), paragraph (b)(1), the first sentence of paragraph (b)(2), and paragraph (d)(5) to read as follows: (a) Jurisdiction for considering appeals. The U.S. Postal Service Board of Contract Appeals (Board) shall consider and determine appeals from decisions of contracting officers arising under contracts which contain provisions requiring the determination of appeals by the Postmaster General or his duly authorized representative or board. * * * (b) Organization and location of the Board. (1) The Board is located in Washington, DC, and its mailing address is 475 L'Enfant Plaza, SW., Washington, DC 20260-6100. (2) The Board consists of the Judicial Officer as Chairman, the Associate Judicial Officer as Vice Chairman, and the Administrative Judges of the Postal Service. * * * * * * * * (d) * * * (5) Place of filings. Unless the Board otherwise directs, all notices of appeal, pleadings and other communications shall be filed with the Recorder of the Board at its offices in the United States Postal Service Headquarters Building, 475 L'Enfant Plaza, SW., Washington, DC 20260-6100. * * * * * 3. 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] 4. Section 955.13 is removed. 5. Section 955.18 is amended by revising the first sentence to read as follows: Sec. 955.18 Where and when held. Hearings will ordinarily be held in the Washington, DC, area, except that upon request seasonably made and upon good cause shown, the Board may set the hearing at another location. * * * Sec. 955.35 [Removed] 6. Section 955.35 is removed. [[Page 57939]] Sec. 955.36 [Redesignated as Sec. 955.13 and Amended] 7. 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 paragraph (c)(2)(ii) and the fourth sentence of paragraph (c)(4); by revising paragraph (d)(1) and the third sentence of paragraph (d)(3); by revising paragraph (e); and by adding paragraph (f), as follows: Sec. 955.13 Optional small claims (expedited) and accelerated procedures. * * * * * (b) * * * (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) * * * (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 for reconsideration under Sec. 955.30. * * * * * (d) * * * (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. 955.37 [Redesignated as Sec. 955.35] 8. Section 955.37 is redesignated as Sec. 955.35. 9. Redesignated Sec. 955.35 is amended by revising the introductory text of paragraph (a) to read as follows: Sec. 955.35 Subpoenas. (a) General. Upon written request of either party filed with the Recorder or on his own initiative, the Administrative Judge to whom a case is assigned or who is otherwise designated by the Chairman may issue a subpoena requiring: * * * * * * * * Sec. 955.36 [Added] 10. 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 on October 1, 1995. Pursuant to the Contract Disputes Acts 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 dates. Stanley F. Mires, Chief Counsel, Legislative. [FR Doc. 95-28365 Filed 11-22-95; 8:45 am] BILLING CODE 7710-12-P