Rules of Procedure for Travel and Relocation Expenses Cases
[Federal Register: July 26, 1996 (Volume 61, Number 145)]
[Rules and Regulations]
[Page 39098-39099]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr26jy96-20]
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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: Interim 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 211 of the Legislative Branch
Appropriations Act, 1996 (Pub. L. 104-53), which transfers certain
functions of the Comptroller General to the Office of Management and
Budget (OMB), and which OMB has delegated to the General Services
Administration. The Board requests written comments on the rules, which
will expire one year from the date of publication in the Federal
Register.
DATES: This rule is effective July 26, 1996. Comments must be submitted
on or before January 22, 1997.
ADDRESSES: Written comments concerning this interim rule may be mailed
to Margaret S. Pfunder, GSA Board of Contract Appeals, 18th and F
Streets, NW., Washington, DC 20405, or sent electronically by using the
following Internet address: Margaret.Pfunder@gsa.gov.
FOR FURTHER INFORMATION CONTACT:
Margaret S. Pfunder, Deputy Chief Counsel, GSA Board of Contract
Appeals, (202) 501-0272.
SUPPLEMENTARY INFORMATION:
A. Regulatory Flexibility Act
The General Services Administration certifies that these revisions
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
revisions do 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. 501 et seq.
C. Background
Effective June 30, 1996, section 211 of the Legislative Branch
Appropriations Act, 1996 (Pub. L. 104-53), transfers certain functions
of the Comptroller General to the Director of the Office of Management
and Budget, and authorizes the Director to delegate any of those
functions to another agency or agencies. Effective the same date, 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 Chairman of the GSA Board of Contract
Appeals. 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 interim rule has been approved
by majority vote of the Board's members.
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 added
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: Sec. 211, Pub. L. 104-53, 109 Stat. 535; 31 U.S.C.
3702; 41 U.S.C. 601-613.
Sec. 6104.1 Scope [Rule 401].
(a) Authority. Section 211 of the Legislative Branch Appropriations
Act, 1996, Pub. L. 104-53, transfers certain functions of the
Comptroller General to the Director of the Office of Management and
Budget, and authorizes the Director to delegate any of those functions
to another agency or agencies. The Director has delegate some of the
functions contained in 31 U.S.C. 3702 to the Administrator of General
Services, who has redelegated those functions to the General Services
Administration Board of Contract Appeals.
(b) Types of claims. These procedures are applicable to the review
of two types of claims made against the United States:
(1) Claims for reimbursement of expenses incurred while on official
temporary duty; 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
[[Page 39099]]
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 Sec. 6104.3.
(b) Notice of docketing. A request for review will be docketed by
the Office of the Clerk of the Board, and 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 copies of all
material provided to the Board. If an agency forwarded a claim to the
Board, it shall, at the same time, send to the claimant a copy of all
material sent to the Board.
Sec. 6104.3 Response to claim [Rule 403].
(a) When a claim has been filed with the Board by a claimant,
within 30 calendar days after docketing by the Board, 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) A copy of these submissions shall also be sent to the claimant.
Sec. 6104.4 Reply to agency response [Rule 404].
If the claimant wishes to reply to the agency response, it must
inform the Board within 10 calendar days after receiving the response.
If the claim has been forwarded by the agency, the claimant shall have
10 calendar days from the time the claim is docketed by the Board to
request the opportunity to reply. The judge will establish the time
frame for submission of the reply.
Sec. 6104.5 Proceedings [Rule 405].
(a) 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.
(b) 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.
Sec. 6104.7 Reconsideration of Board decision [Rule 407].
(a) A request for reconsideration may be made by the claimant or
the agency. Such requests must be received by the Board within 15
calendar days after the date the decision was issued. The request for
reconsideration should state the reasons why the Board should consider
the request.
(b) Requests for reconsideration are not favored. Mere disagreement
with a decision or re-argument of points already made are not
sufficient grounds for reconsidering the decision.
Sec. 6104.8 Payment of successful claims [Rule 408].
The agency shall pay amounts the Board determines are due the
claimant.
Dated: July 18, 1996.
Stephen M. Daniels,
Chairman, GSA Board of Contract Appeals.
[FR Doc. 96-18655 Filed 7-25-96; 8:45 am]
BILLING CODE 6820-AL-M
