Defense Federal Acquisition Regulation Supplement; Appendix A, Armed Services Board of Contract Appeals, Part 1-Charter, 4360-4362 [2019-02531]

Download as PDF 4360 Federal Register / Vol. 84, No. 32 / Friday, February 15, 2019 / Rules and Regulations that the Commission will publish in the Federal Register announcing such effective date. 74. It is further ordered that the Commission’s Consumer and Governmental Affairs Bureau, Reference Information Center, shall send a copy of the Report and Order, including the Final Regulatory Flexibility Analysis, to the Chief Counsel for Advocacy of the Small Business Administration. 75. It is further ordered that the Commission shall send a copy of the Report and Order to Congress and the Government Accountability Office pursuant to the Congressional Review Act. List of Subjects in 47 CFR Part 36 Communications common carriers, Jurisdictional separations procedures, Reporting and recordkeeping requirements, Standard procedures for separating telecommunications property costs, revenues, expenses, taxes and reserves for telecommunications companies, Telephone. Federal Communications Commission. Katura Jackson, Federal Register Liaison, Office of the Secretary. Final Rules For the reasons discussed in the preamble, the Federal Communications Commission amends 47 CFR part 36 as follows: PART 36—JURISDICTIONAL SEPARATIONS PROCEDURES; STANDARD PROCEDURES FOR SEPARATING TELECOMMUNICATIONS PROPERTY COSTS, REVENUES, EXPENSES, TAXES AND RESERVES FOR TELECOMMUNICATIONS COMPANIES 1. The authority citation for part 36 continues to read as follows: ■ Authority: 47 U.S.C. 151, 152, 154(i) and (j), 201, 205, 220, 221(c), 254, 303(r), 403, 410, and 1302 unless otherwise noted. ■ 2. Revise § 36.3(b) to read as follows: § 36.3 Freezing of jurisdictional separations category relationships and/or allocation factors. khammond on DSKBBV9HB2PROD with RULES * * * * * (b) Effective July 1, 2001, through December 31, 2024, local exchange carriers subject to price cap regulation, pursuant to § 61.41 of this chapter, shall assign costs from the accounts under part 32 of this chapter (part 32 account(s)) to the separations categories/ sub-categories, as specified herein, based on the percentage relationships of the categorized/sub-categorized costs to their associated part 32 accounts for the VerDate Sep<11>2014 16:03 Feb 14, 2019 Jkt 247001 twelve-month period ending December 31, 2000. If a part 32 account for separations purposes is categorized into more than one category, the percentage relationship among the categories shall be utilized as well. Local exchange carriers that invest in types of telecommunications plant during the period July 1, 2001, through December 31, 2024, for which it had no separations category investment for the twelve-month period ending December 31, 2000, shall assign such investment to separations categories in accordance with the separations procedures in effect as of December 31, 2000. Local exchange carriers not subject to price cap regulation, pursuant to § 61.41 of this chapter, may elect to be subject to the provisions of this paragraph (b). Such election must be made prior to July 1, 2001. Any local exchange carrier that is subject to § 69.3(e) of this chapter and that elected to be subject to this paragraph (b) may withdraw from that election by notifying the Commission by May 1, 2019, of its intent to withdraw from that election, and that withdrawal will be effective as of July 1, 2019. Any local exchange carrier that participates in an Association tariff, pursuant to §§ 69.601 through 69.610 of this chapter, and that elected to be subject to this paragraph (b) may withdraw from that election by notifying the Association by March 1, 2019, of such intent. Subject to these two exceptions, local exchange carriers that previously elected to become subject to this paragraph (b) shall not be eligible to withdraw from such regulation for the duration of the freeze. * * * * * § 36.126 [Amended] 3. Amend § 36.126(b)(5) by removing the date ‘‘June 30, 2014’’ and adding in its place ‘‘December 31, 2024.’’ ■ § § 36.3, 36.123, 36.124, 36.125, 36.126, 36.141, 36.142, 36.152, 36.154, 36.155, 36.156, 36.157, 36.191, 36.212, 36.214, 36.372, 36.374, 36.375, 36.377, 36.378, 36.379, 36.380, 36.381, 36.382 [Amended] 4. In addition to the amendments set forth above, in 47 CFR part 36, remove the date ‘‘December 31, 2018’’ and add in its place everywhere it appears the date ‘‘December 31, 2024’’ in the following places: ■ a. Section 36.3(a), (c), (d) introductory text, and (e); ■ b. Section 36.123(a)(5) and (6); ■ c. Section 36.124(c) and (d); ■ d. Section 36.125(h) and (i); ■ e. Section 36.126(b)(6), (c)(4), (e)(4), and (f)(2); ■ f. Section 36.141(c); ■ g. Section 36.142(c); ■ PO 00000 Frm 00054 Fmt 4700 Sfmt 4700 h. Section 36.152(d); i. Section 36.154(g); j. Section 36.155(b); k. Section 36.156(c); l. Section 36.157(b); m. Section 36.191(d); n. Section 36.212(c); o. Section 36.214(a); p. Section 36.372; q. Section 36.374(b) and (d); r. Section 36.375(b)(4) and (5); s. Section 36.377(a) introductory text, (a)(1)(ix), (a)(2)(vii), (a)(3)(vii), (a)(4)(vii), (a)(5)(vii), and (a)(6)(vii); ■ t. Section 36.378(b)(1); ■ u. Section 36.379(b)(1) and (2); ■ v. Section 36.380(d) and (e); ■ w. Section 36.381(c) and (d); and ■ x. Section 36.382(a). ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ [FR Doc. 2019–01721 Filed 2–14–19; 8:45 am] BILLING CODE 6712–01–P DEPARTMENT OF DEFENSE Defense Acquisition Regulations System 48 CFR Chapter 2 [Docket DARS–2019–0003] RIN 0750–AK46 Defense Federal Acquisition Regulation Supplement; Appendix A, Armed Services Board of Contract Appeals, Part 1—Charter Defense Acquisition Regulations System, Department of Defense (DoD). ACTION: Final rule. AGENCY: DoD is issuing the updated Charter of the Armed Services Board of Contract Appeals (ASBCA), dated April 9, 2018. The ASBCA is chartered to serve as the authorized representative of the Secretary of Defense and the Secretaries of the Army, Navy, and Air Force in hearing, considering, and determining appeals by contractors from decisions of contracting officers or their authorized representatives or other authorities regarding claims on contracts under the Contract Disputes Act of 1978 or other remedy-granting provisions. DATES: Effective February 15, 2019. FOR FURTHER INFORMATION CONTACT: Ms. Jennifer Hawes, Defense Acquisition Regulations System, OUSD(A&S)DPAP(DARS), 3060 Defense Pentagon, Room 3B941, Washington, DC 20301–3060, Telephone 571–372–6115. SUPPLEMENTARY INFORMATION: SUMMARY: I. Background This publication of Appendix A of the Defense Federal Acquisition Regulation E:\FR\FM\15FER1.SGM 15FER1 Federal Register / Vol. 84, No. 32 / Friday, February 15, 2019 / Rules and Regulations khammond on DSKBBV9HB2PROD with RULES Supplement (DFARS) updates the Charter of the ASBCA from the most recent prior version, dated May 14, 2007, to its latest version, dated April 9, 2018. The updated Charter implements changes to ASBCA internal administration to better support the Board’s mission of hearing, considering, and determining appeals by contractors from decisions of contracting officers or their authorized representatives or other authorities on disputed questions. In addition to minor administrative changes and a rearranging of paragraphs to improve the logical flow of the document and add clarity, the following substantive changes were made to the Charter: • References to ‘‘Under Secretary of Defense for Acquisition, Technology and Logistics’’ were changed to ‘‘Under Secretary of Defense responsible for acquisition.’’ • Former paragraph 4 (new paragraph 3) was shortened to clearly state the Board Chairman’s broad powers and responsibilities and to remove detailed processes deemed not appropriate for this type of document. • The requirement for the Board to forward quarterly reports of the Board’s proceedings to various Defense officials was removed. The requirement for annual reports was retained. Regulatory Review, direct agencies to assess all costs and benefits of available regulatory alternatives and, if regulation is necessary, to select regulatory approaches that maximize net benefits (including potential economic, environmental, public health and safety effects, distributive impacts, and equity). E.O. 13563 emphasizes the importance of quantifying both costs and benefits, of reducing costs, of harmonizing rules, and of promoting flexibility. This is not a significant regulatory action and, therefore, was not subject to review under section 6(b). This rule is not a major rule as defined at 5 U.S.C. 804(2). IV. Executive Order 13771 This rule is not an E.O. 13771 regulatory action, because this rule concerns regulations related to agency organization, management, or personnel. III. Regulatory Flexibility Act Because a notice of proposed rulemaking and an opportunity for public comment are not required to be given for this rule under 41 U.S.C. 1707(a)(1) (see section II of this preamble), the analytical requirements of the Regulatory Flexibility Act (5 U.S.C. 601 et seq.) are not applicable. Accordingly, no regulatory flexibility analysis is required and none has been prepared. II. Publication of This Final Rule for Public Comment Is Not Required by Statute The statute that applies to the publication of the Federal Acquisition Regulation (FAR) is the Office of Federal Procurement Policy statute (codified at title 41 of the United States Code). Specifically, 41 U.S.C. 1707(a)(1) requires that a procurement policy, regulation, procedure or form (including an amendment or modification thereof) must be published for public comment if it relates to the expenditure of appropriated funds, and has either a significant effect beyond the internal operating procedures of the agency issuing the policy, regulation, procedure, or form, or has a significant cost or administrative impact on contractors or offerors. This final rule only publishes the updated ASBCA charter and is therefore not required to be published for public comment, because the rule does not have a significant effect beyond the internal operating procedures of the agency issuing the policy, regulation, procedure or form. Jennifer Lee Hawes, Regulatory Control Officer, Defense Acquisition Regulations System. III. Executive Orders 12866 and 13563 Executive Order (E.O.) 12866, Regulatory Planning and Review; and E.O. 13563, Improving Regulation and Appendix A to Chapter 2—Armed Services Board of Contract Appeals VerDate Sep<11>2014 16:03 Feb 14, 2019 Jkt 247001 V. Paperwork Reduction Act This rule does not impose any new information collection requirements that require the approval of the Office of Management and Budget under 44 U.S.C. 3501, et seq. List of Subjects in 48 CFR Appendix A Government procurement. Therefore, DoD is amending 48 CFR appendix A to chapter 2 as follows: Appendix A to Chapter 2—Armed Services Board of Contract Appeals 1. The authority citation for 48 CFR appendix A to chapter 2 is revised to read as follows: ■ Authority: 41 U.S.C. 1303 and 48 CFR chapter 1. 2. Appendix A is amended by revising the introductory text and Part 1— Charter to read as follows: ■ * PO 00000 * * Frm 00055 * Fmt 4700 * Sfmt 4700 4361 Armed Services Board of Contract Appeals Approved 1 May 1962 Revised 1 May 1969 Revised 1 September 1973 Revised 1 July 1979 Revised 14 May 2007 Revised 9 April 2018 Part 1—Charter 1. There is created the Armed Services Board of Contract Appeals which is hereby designated as the authorized representative of the Secretary of Defense, the Secretary of the Army, the Secretary of the Navy and the Secretary of the Air Force, in hearing, considering and determining appeals by contractors from decisions of contracting officers or their authorized representatives or other authorities on disputed questions. These appeals may be taken (a) pursuant to the Contract Disputes Act of 1978 (41 U.S.C. Sections 7101–7109), (b) pursuant to the provisions of contracts requiring the decision by the Secretary of Defense or by a Secretary of a Military Department or their duly authorized representative, or (c) pursuant to the provisions of any directive whereby the Secretary of Defense or the Secretary of a Military Department or their authorized representative has granted a right of appeal not contained in the contract on any matter consistent with the contract appeals procedure. The Board may determine contract disputes for other departments and agencies by agreement as permitted by law. The Board shall operate under general policies established or approved by the Under Secretary of Defense responsible for acquisition and may perform other duties as directed not inconsistent with the Contract Disputes Act of 1978. The Board shall decide the matters before it independently. 2. Membership of the Board shall consist of attorneys at law who have been qualified in the manner prescribed by the Contract Disputes Act of 1978. Members of the Board are hereby designated Administrative Judges. There shall be appointed from the Judges of the Board a Chairman and two or more Vice Chairmen. Appointment of the Chairman and Vice Chairmen and other Judges of the Board shall be made by the Under Secretary of Defense responsible for acquisition, the General Counsel of the Department of Defense, and the Assistant Secretaries of the Military Departments responsible for acquisition. The Chairman may designate a Judge of the Board to serve as an Acting Chairman or Acting Vice Chairman. 3. The Chairman of the Board shall be responsible for establishing appropriate divisions of the Board to provide for the most effective and expeditious handling of appeals. The Chairman shall have authority to establish procedures for the issuance of Board decisions. The Chairman may refer an appeal of unusual difficulty, significant precedential importance, or serious dispute within the normal decision process for decision by a Senior Deciding Group established by the Chairman which shall have the authority to overturn prior Board precedent. 4. It shall be the duty and obligation of the Judges of the Armed Services Board of Contract Appeals to decide appeals on the E:\FR\FM\15FER1.SGM 15FER1 khammond on DSKBBV9HB2PROD with RULES 4362 Federal Register / Vol. 84, No. 32 / Friday, February 15, 2019 / Rules and Regulations record of the appeal to the best of their knowledge and ability in accordance with applicable contract provisions and in accordance with law and regulation pertinent thereto. 5. Any Judge of the Board or any examiner, designated by the Chairman, shall be authorized to hold hearings, examine witnesses, and receive evidence and argument. A Judge of the Board shall have authority to administer oaths and issue subpoenas as specified in the Contract Disputes Act of 1978. In cases of contumacy or refusal to obey a subpoena, the Chairman may request orders of the court in the manner prescribed in the Contract Disputes Act of 1978. 6. The Board shall have all powers necessary and incident to the proper performance of its duties. The Board has the authority to issue methods of procedure and rules and regulations for its conduct and for the preparation and presentation of appeals and issuance of opinions. 7. The Chairman shall be responsible for the internal organization of the Board and for its administration. The Chairman shall provide within approved ceilings for the staffing of the Board with non-Judge personnel, including hearing examiners, as may be required for the performance of the functions of the Board. The Chairman shall appoint a Recorder of the Board. All personnel shall be responsible to and shall function under the direction, supervision and control of the Chairman. 8. The Board will be serviced by the Department of the Army for administrative support as required for its operations. Administrative support will include budgeting, funding, fiscal control, manpower control and utilization, personnel administration, security administration, supplies, and other administrative services. The Departments of the Army, Navy, Air Force and the Office of the Secretary of Defense will participate in financing the Board’s operations on an equal basis and to the extent determined by the Under Secretary of Defense (Comptroller). The cost of processing appeals for departments and agencies other than those in the Department of Defense will be reimbursed. 9. Within 30 days following the close of a fiscal year, the Chairman shall forward a report of the Board’s transactions and proceedings for the preceding fiscal year to the Under Secretary of Defense responsible for acquisition, the General Counsel of the Department of Defense, and the Assistant Secretaries of the Military Departments responsible for acquisition. 10. The Board shall have a seal bearing the following inscription: ‘‘Armed Services Board of Contract Appeals.’’ This seal shall be affixed to all authentications of copies of records and to such other instruments as the Board may determine. 11. This revised charter is effective April 9, 2018. APPROVED: (signed) Ellen M. Lord (9 April 2018), Under Secretary of Defense (Acquisition & Sustainment). (signed) William S. Castle, VerDate Sep<11>2014 16:03 Feb 14, 2019 Jkt 247001 Acting General Counsel of the Department of Defense. (signed) Dr. Bruce D. Jette, Assistant Secretary of the Army (Acquisition, Logistics & Technology). (signed) James F. Geurts, Assistant Secretary of the Navy (Research, Development & Acquisition). (signed) Dr. Will Roper, Assistant Secretary of the Air Force (Acquisition). * * * * * [FR Doc. 2019–02531 Filed 2–14–19; 8:45 am] BILLING CODE 5001–06–P DEPARTMENT OF DEFENSE Defense Acquisition Regulations System 48 CFR Parts 204, 212, and 252 [Docket DARS–2018–0038] RIN 0750–AJ45 Defense Federal Acquisition Regulation Supplement: Antiterrorism Training Requirements for Contractors (DFARS Case 2017–D034) Defense Acquisition Regulations System, Department of Defense (DoD). ACTION: Final rule. AGENCY: DoD is issuing a final rule amending the Defense Federal Acquisition Regulation Supplement (DFARS) to implement the requirement for contractors to complete Level I antiterrorism awareness training. DATES: Effective February 15, 2019. FOR FURTHER INFORMATION CONTACT: Ms. Barbara J. Trujillo, telephone 571–372– 6102. SUPPLEMENTARY INFORMATION: SUMMARY: I. Background DoD published a proposed rule in the Federal Register at 83 FR 42820 on August 24, 2018, to revise the DFARS to implement the antiterrorism training requirements for contractors provided in DoD Instruction (DoDI) O–2000.16, Volume 1, DoD Antiterrorism (AT) Program Implementation: DoD AT Standards (available at http:// www.esd.whs.mil/Directives/issuances/ dodi/). The rule will ensure contractors, who as a condition of contract performance require routine physical access to a Federally-controlled facility or military installation, are aware of the requirement for contractor personnel to complete Level I DoD antiterrorism awareness training. Routine physical access is considered more than intermittent access, such as when a PO 00000 Frm 00056 Fmt 4700 Sfmt 4700 contractor employee is required to obtain a Common Access Card. The training is required within 30 days of requiring access and annually thereafter and must be completed either through DoD-sponsored and certified computer or web-based distance learning instruction, or under the instruction of a qualified Level I antiterrorism awareness instructor. There were no public comments submitted in response to the proposed rule. There are no changes made to the final rule with regard to public comments; however, there are some minor editorial revisions incorporated. The definition of ‘‘military installation’’ at DFARS 204.7201, Definitions, and the clause at 252.204–7004, DoD Antiterrorism Awareness Training for Contractors, is updated to reflect more precisely the statutory definition at 10 U.S.C. 2801(c)(4) to address activities in a foreign country. Additionally, the clause is updated to reflect the current secured weblink of https://jko.jten.mil/ for information and guidance pertaining to the DoD antiterrorism awareness training. These minor editorial updates are administrative and have no effect on the public. II. Applicability to Contracts at or Below the Simplified Acquisition Threshold and for Commercial Items, Including Commercially Available Offthe-Shelf Items This rule creates a new DFARS clause 252.204–7004, Antiterrorism Awareness Training for Contractors, to advise DoD contractors of the requirement for its employees (and those of its subcontractors, if applicable) to complete Level I antiterrorism awareness training within 30 days of requiring access and annually thereafter, if, as a condition of contract performance require routine physical access to a Federally-controlled facility or a military installation. DoD plans to apply this clause to solicitations and contracts below the simplified acquisition threshold and to the procurement of commercial items, including commercially available offthe-shelf items (as defined in Federal Acquisition Regulation 2.101). This is necessary in order to reach as wide an audience as possible to ensure contractor personnel who are required to have routine physical access to a Federally-controlled facility or military installation are aware of this training requirement. III. Executive Orders 12866 and 13563 Executive Orders (E.O.s) 12866 and 13563 direct agencies to assess all costs and benefits of available regulatory E:\FR\FM\15FER1.SGM 15FER1

Agencies

[Federal Register Volume 84, Number 32 (Friday, February 15, 2019)]
[Rules and Regulations]
[Pages 4360-4362]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2019-02531]


=======================================================================
-----------------------------------------------------------------------

DEPARTMENT OF DEFENSE

Defense Acquisition Regulations System

48 CFR Chapter 2

[Docket DARS-2019-0003]
RIN 0750-AK46


Defense Federal Acquisition Regulation Supplement; Appendix A, 
Armed Services Board of Contract Appeals, Part 1--Charter

AGENCY: Defense Acquisition Regulations System, Department of Defense 
(DoD).

ACTION: Final rule.

-----------------------------------------------------------------------

SUMMARY: DoD is issuing the updated Charter of the Armed Services Board 
of Contract Appeals (ASBCA), dated April 9, 2018. The ASBCA is 
chartered to serve as the authorized representative of the Secretary of 
Defense and the Secretaries of the Army, Navy, and Air Force in 
hearing, considering, and determining appeals by contractors from 
decisions of contracting officers or their authorized representatives 
or other authorities regarding claims on contracts under the Contract 
Disputes Act of 1978 or other remedy-granting provisions.

DATES: Effective February 15, 2019.

FOR FURTHER INFORMATION CONTACT: Ms. Jennifer Hawes, Defense 
Acquisition Regulations System, OUSD(A&S)DPAP(DARS), 3060 Defense 
Pentagon, Room 3B941, Washington, DC 20301-3060, Telephone 571-372-
6115.

SUPPLEMENTARY INFORMATION:

I. Background

    This publication of Appendix A of the Defense Federal Acquisition 
Regulation

[[Page 4361]]

Supplement (DFARS) updates the Charter of the ASBCA from the most 
recent prior version, dated May 14, 2007, to its latest version, dated 
April 9, 2018. The updated Charter implements changes to ASBCA internal 
administration to better support the Board's mission of hearing, 
considering, and determining appeals by contractors from decisions of 
contracting officers or their authorized representatives or other 
authorities on disputed questions. In addition to minor administrative 
changes and a rearranging of paragraphs to improve the logical flow of 
the document and add clarity, the following substantive changes were 
made to the Charter:
     References to ``Under Secretary of Defense for 
Acquisition, Technology and Logistics'' were changed to ``Under 
Secretary of Defense responsible for acquisition.''
     Former paragraph 4 (new paragraph 3) was shortened to 
clearly state the Board Chairman's broad powers and responsibilities 
and to remove detailed processes deemed not appropriate for this type 
of document.
     The requirement for the Board to forward quarterly reports 
of the Board's proceedings to various Defense officials was removed. 
The requirement for annual reports was retained.

II. Publication of This Final Rule for Public Comment Is Not Required 
by Statute

    The statute that applies to the publication of the Federal 
Acquisition Regulation (FAR) is the Office of Federal Procurement 
Policy statute (codified at title 41 of the United States Code). 
Specifically, 41 U.S.C. 1707(a)(1) requires that a procurement policy, 
regulation, procedure or form (including an amendment or modification 
thereof) must be published for public comment if it relates to the 
expenditure of appropriated funds, and has either a significant effect 
beyond the internal operating procedures of the agency issuing the 
policy, regulation, procedure, or form, or has a significant cost or 
administrative impact on contractors or offerors. This final rule only 
publishes the updated ASBCA charter and is therefore not required to be 
published for public comment, because the rule does not have a 
significant effect beyond the internal operating procedures of the 
agency issuing the policy, regulation, procedure or form.

III. Executive Orders 12866 and 13563

    Executive Order (E.O.) 12866, Regulatory Planning and Review; and 
E.O. 13563, Improving Regulation and Regulatory Review, direct agencies 
to assess all costs and benefits of available regulatory alternatives 
and, if regulation is necessary, to select regulatory approaches that 
maximize net benefits (including potential economic, environmental, 
public health and safety effects, distributive impacts, and equity). 
E.O. 13563 emphasizes the importance of quantifying both costs and 
benefits, of reducing costs, of harmonizing rules, and of promoting 
flexibility. This is not a significant regulatory action and, 
therefore, was not subject to review under section 6(b). This rule is 
not a major rule as defined at 5 U.S.C. 804(2).

IV. Executive Order 13771

    This rule is not an E.O. 13771 regulatory action, because this rule 
concerns regulations related to agency organization, management, or 
personnel.

III. Regulatory Flexibility Act

    Because a notice of proposed rulemaking and an opportunity for 
public comment are not required to be given for this rule under 41 
U.S.C. 1707(a)(1) (see section II of this preamble), the analytical 
requirements of the Regulatory Flexibility Act (5 U.S.C. 601 et seq.) 
are not applicable. Accordingly, no regulatory flexibility analysis is 
required and none has been prepared.

V. Paperwork Reduction Act

    This rule does not impose any new information collection 
requirements that require the approval of the Office of Management and 
Budget under 44 U.S.C. 3501, et seq.

List of Subjects in 48 CFR Appendix A

    Government procurement.

Jennifer Lee Hawes,
Regulatory Control Officer, Defense Acquisition Regulations System.

    Therefore, DoD is amending 48 CFR appendix A to chapter 2 as 
follows:

Appendix A to Chapter 2--Armed Services Board of Contract Appeals

0
1. The authority citation for 48 CFR appendix A to chapter 2 is revised 
to read as follows:

    Authority: 41 U.S.C. 1303 and 48 CFR chapter 1.


0
2. Appendix A is amended by revising the introductory text and Part 1--
Charter to read as follows:

Appendix A to Chapter 2--Armed Services Board of Contract Appeals

* * * * *

Armed Services Board of Contract Appeals

Approved 1 May 1962
Revised 1 May 1969
Revised 1 September 1973
Revised 1 July 1979
Revised 14 May 2007
Revised 9 April 2018

Part 1--Charter

    1. There is created the Armed Services Board of Contract Appeals 
which is hereby designated as the authorized representative of the 
Secretary of Defense, the Secretary of the Army, the Secretary of 
the Navy and the Secretary of the Air Force, in hearing, considering 
and determining appeals by contractors from decisions of contracting 
officers or their authorized representatives or other authorities on 
disputed questions. These appeals may be taken (a) pursuant to the 
Contract Disputes Act of 1978 (41 U.S.C. Sections 7101-7109), (b) 
pursuant to the provisions of contracts requiring the decision by 
the Secretary of Defense or by a Secretary of a Military Department 
or their duly authorized representative, or (c) pursuant to the 
provisions of any directive whereby the Secretary of Defense or the 
Secretary of a Military Department or their authorized 
representative has granted a right of appeal not contained in the 
contract on any matter consistent with the contract appeals 
procedure. The Board may determine contract disputes for other 
departments and agencies by agreement as permitted by law. The Board 
shall operate under general policies established or approved by the 
Under Secretary of Defense responsible for acquisition and may 
perform other duties as directed not inconsistent with the Contract 
Disputes Act of 1978. The Board shall decide the matters before it 
independently.
    2. Membership of the Board shall consist of attorneys at law who 
have been qualified in the manner prescribed by the Contract 
Disputes Act of 1978. Members of the Board are hereby designated 
Administrative Judges. There shall be appointed from the Judges of 
the Board a Chairman and two or more Vice Chairmen. Appointment of 
the Chairman and Vice Chairmen and other Judges of the Board shall 
be made by the Under Secretary of Defense responsible for 
acquisition, the General Counsel of the Department of Defense, and 
the Assistant Secretaries of the Military Departments responsible 
for acquisition. The Chairman may designate a Judge of the Board to 
serve as an Acting Chairman or Acting Vice Chairman.
    3. The Chairman of the Board shall be responsible for 
establishing appropriate divisions of the Board to provide for the 
most effective and expeditious handling of appeals. The Chairman 
shall have authority to establish procedures for the issuance of 
Board decisions. The Chairman may refer an appeal of unusual 
difficulty, significant precedential importance, or serious dispute 
within the normal decision process for decision by a Senior Deciding 
Group established by the Chairman which shall have the authority to 
overturn prior Board precedent.
    4. It shall be the duty and obligation of the Judges of the 
Armed Services Board of Contract Appeals to decide appeals on the

[[Page 4362]]

record of the appeal to the best of their knowledge and ability in 
accordance with applicable contract provisions and in accordance 
with law and regulation pertinent thereto.
    5. Any Judge of the Board or any examiner, designated by the 
Chairman, shall be authorized to hold hearings, examine witnesses, 
and receive evidence and argument. A Judge of the Board shall have 
authority to administer oaths and issue subpoenas as specified in 
the Contract Disputes Act of 1978. In cases of contumacy or refusal 
to obey a subpoena, the Chairman may request orders of the court in 
the manner prescribed in the Contract Disputes Act of 1978.
    6. The Board shall have all powers necessary and incident to the 
proper performance of its duties. The Board has the authority to 
issue methods of procedure and rules and regulations for its conduct 
and for the preparation and presentation of appeals and issuance of 
opinions.
    7. The Chairman shall be responsible for the internal 
organization of the Board and for its administration. The Chairman 
shall provide within approved ceilings for the staffing of the Board 
with non-Judge personnel, including hearing examiners, as may be 
required for the performance of the functions of the Board. The 
Chairman shall appoint a Recorder of the Board. All personnel shall 
be responsible to and shall function under the direction, 
supervision and control of the Chairman.
    8. The Board will be serviced by the Department of the Army for 
administrative support as required for its operations. 
Administrative support will include budgeting, funding, fiscal 
control, manpower control and utilization, personnel administration, 
security administration, supplies, and other administrative 
services. The Departments of the Army, Navy, Air Force and the 
Office of the Secretary of Defense will participate in financing the 
Board's operations on an equal basis and to the extent determined by 
the Under Secretary of Defense (Comptroller). The cost of processing 
appeals for departments and agencies other than those in the 
Department of Defense will be reimbursed.
    9. Within 30 days following the close of a fiscal year, the 
Chairman shall forward a report of the Board's transactions and 
proceedings for the preceding fiscal year to the Under Secretary of 
Defense responsible for acquisition, the General Counsel of the 
Department of Defense, and the Assistant Secretaries of the Military 
Departments responsible for acquisition.
    10. The Board shall have a seal bearing the following 
inscription: ``Armed Services Board of Contract Appeals.'' This seal 
shall be affixed to all authentications of copies of records and to 
such other instruments as the Board may determine.
    11. This revised charter is effective April 9, 2018.

    APPROVED:

(signed) Ellen M. Lord (9 April 2018),
Under Secretary of Defense (Acquisition & Sustainment).

(signed) William S. Castle,
Acting General Counsel of the Department of Defense.

(signed) Dr. Bruce D. Jette,
Assistant Secretary of the Army (Acquisition, Logistics & 
Technology).

(signed) James F. Geurts,
Assistant Secretary of the Navy (Research, Development & 
Acquisition).

(signed) Dr. Will Roper,
Assistant Secretary of the Air Force (Acquisition).
* * * * *
[FR Doc. 2019-02531 Filed 2-14-19; 8:45 am]
BILLING CODE 5001-06-P