Defense Federal Acquisition Regulation Supplement; Appendix A, Armed Services Board of Contract Appeals, Part 1-Charter, 4360-4362 [2019-02531]
Download as PDF
<![CDATA[
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 https://
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
