Defense Federal Acquisition Regulation Supplement; Appendix A, Armed Services Board of Contract Appeals, Part 1-Charter, 48508-48510 [2019-19566]

Download as PDF 48508 Federal Register / Vol. 84, No. 178 / Friday, September 13, 2019 / Rules and Regulations Authority: 41 U.S.C. 1303 and 48 CFR chapter 1. Past Performance Evaluations’’ in its place. PART 209—CONTRACTOR QUALIFICATIONS PART 252—SOLICITATION PROVISIONS AND CONTRACT CLAUSES 2. Amend section 209.105–1 by revising paragraph (2) to read as follows: ■ 209.105–1 Obtaining information. * * * * * (2) A satisfactory performance record is a factor in determining contractor responsibility (see FAR 9.104–1(c)). One source of information relating to contractor performance is the Contractor Performance Assessment Reporting System (CPARS) available at https:// www.cpars.gov/. Information relating to contract terminations for cause and for default is also available through the Federal Awardee Performance and Integrity Information System (FAPIIS) module of CPARS, available at https:// www.fapiis.gov (see subpart 42.15). This termination information is just one consideration in determining contractor responsibility. [Amended] 5. Amend section 252.213–7000 by— a. Removing clause date ‘‘(MAR 2018)’’ and adding ‘‘(SEP 2019)’’ in its place; ■ b. In paragraph (a), removing ‘‘(https://www.ppirssrng.csd.disa.mil/)’’ and adding ‘‘(https:// www.sprs.csd.disa.mil)’’ in its place; and ■ c. In paragraph (d), removing ‘‘https:// www.ppirssrng.csd.disa.mil/pdf/PPIRSSR_UserMan.pdf’’ and ‘‘https:// www.ppirssrng.csd.disa.mil/pdf/SPRS_ DataEvaluationCriteria.pdf’’ and adding ‘‘https://www.sprs.csd.disa.mil/ reference.htm’’ and ‘‘https:// www.sprs.csd.disa.mil/pdf/SPRS_ DataEvaluationCriteria.pdf’’, in their places, respectively. ■ ■ [FR Doc. 2019–19565 Filed 9–12–19; 8:45 am] PART 212—ACQUISITION OF COMMERCIAL ITEMS BILLING CODE 5001–06–P 2. Amend section 212.301 by revising paragraph (f)(v) to read as follows: DEPARTMENT OF DEFENSE ■ 212.301 Solicitation provisions and contract clauses for the acquisition of commercial items. * * * * * (f) * * * (v) Part 213—Simplified Acquisition Procedures. Use the provision at 252.213–7000, Notice to Prospective Suppliers on Use of Supplier Performance Risk System in Past Performance Evaluations, as prescribed in 213.106–2–70. * * * * * Defense Acquisition Regulations System 48 CFR Chapter 2 [Docket DARS–2019–0058] RIN 0750–AK73 Defense Federal Acquisition Regulation Supplement; Appendix A, Armed Services Board of Contract Appeals, Part 1—Charter PART 213—SIMPLIFIED ACQUISITION PROCEDURES Defense Acquisition Regulations System, Department of Defense (DoD). ACTION: Final rule. 213.106–2 SUMMARY: [Amended] 3. Amend section 213.106–2 in paragraph (b)(i)(A) by removing ‘‘PPIRS website at https:// www.ppirssrng.csd.disa.mil’’ and adding ‘‘SPRS website at https:// www.sprs.csd.disa.mil/reference.htm’’ in its place. ■ 213.106–2–70 khammond on DSKBBV9HB2PROD with RULES2 252.213–7000 [Amended] 4. Amend section 213.106–2–70 by removing ‘‘Notice to Prospective Suppliers on the Use of Past Performance Information Retrieval System—Statistical Reporting in Past Performance Evaluations’’ and adding ‘‘Notice to Prospective Suppliers on Use of Supplier Performance Risk System in ■ VerDate Sep<11>2014 18:37 Sep 12, 2019 Jkt 247001 AGENCY: DoD is issuing the updated Charter of the Armed Services Board of Contract Appeals (ASBCA), dated May 23, 2019. 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. Effective September 13, 2019. Ms. Jennifer Hawes, Defense Acquisition DATES: FOR FURTHER INFORMATION CONTACT: PO 00000 Frm 00014 Fmt 4701 Sfmt 4700 Regulations System, OUSD(A&S)DPC(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 Supplement (DFARS) updates the Charter of the ASBCA from the most recent prior version, dated April 9, 2018, to its latest version, dated May 23, 2019. The updated Charter revises paragraph 2 to reflect that appointment of ASBCA members and designation of the Chairman and Vice Chairmen of the ASBCA shall now be made by the Secretary of Defense, rather than 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. 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 E:\FR\FM\13SER2.SGM 13SER2 Federal Register / Vol. 84, No. 178 / Friday, September 13, 2019 / Rules and Regulations 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 1. The authority citation for 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 to chapter 2 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 khammond on DSKBBV9HB2PROD with RULES2 * * * * * 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 Revised 23 May 2019 VerDate Sep<11>2014 18:37 Sep 12, 2019 Jkt 247001 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. Appointment of Board members shall be made by the Secretary of Defense. Members of the Board are hereby designated Administrative Judges. There shall be designated from among the appointed Judges of the Board a Chairman and two or more Vice Chairmen. Designation of the Chairman and Vice Chairmen shall be made by the Secretary of Defense, of nominees from Judges of the Board recommended by the Under Secretary of Defense responsible for acquisition, in coordination with the General Counsel of the Department of Defense, and the Assistant Secretaries of the Military Departments responsible for acquisition. When there is a vacancy, the incumbent is unavailable, or for appropriate Board administrative reasons, the Under Secretary of Defense responsible for acquisition or the Chairman may designate a Judge of the Board to serve as an Acting Chairman or Acting Vice Chairman. PO 00000 Frm 00015 Fmt 4701 Sfmt 4700 48509 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 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 E:\FR\FM\13SER2.SGM 13SER2 48510 Federal Register / Vol. 84, No. 178 / Friday, September 13, 2019 / Rules and Regulations 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 upon the date of the signature of the Secretary of Defense. Approved: Patrick M. Shanahan (23 May 2019), Acting Secretary of Defense. [FR Doc. 2019–19566 Filed 9–12–19; 8:45 am] BILLING CODE 5001–06–P List of Subjects in 48 CFR Parts 204, 212, 216, 217, 237, 252, and Appendix F to Chapter 2 DEPARTMENT OF DEFENSE Defense Acquisition Regulations System Government procurement. Jennifer Lee Hawes, Regulatory Control Officer, Defense Acquisition Regulations System. 48 CFR Parts 204, 212, 216, 217, 237, 252, and Appendix F to Chapter 2 Therefore, 48 CFR parts 204, 212, 216, 237, 252, and appendix F to chapter 2 are amended as follows: ■ 1. The authority citation for 48 CFR parts 204, 212, 216, 237, 252, and appendix F to chapter 2 continues to read as follows: [Docket DARS–2019–0001] Defense Federal Acquisition Regulation Supplement: Technical Amendments Defense Acquisition Regulations System, Department of Defense (DoD). ACTION: Final rule. AGENCY: khammond on DSKBBV9HB2PROD with RULES2 Authority: 41 U.S.C. 1303 and 48 CFR chapter 1. DoD is making needed technical amendments to update the Defense Federal Acquisition Regulation Supplement (DFARS). DATES: Effective September 13, 2019. FOR FURTHER INFORMATION CONTACT: Ms. Jennifer L. Hawes, Defense Acquisition Regulations System, OUSD(A&S)DPC(DARS), Room 3B941, 3060 Defense Pentagon, Washington, DC 20301–3060. Telephone 571–372–6115; facsimile 571–372–6094. SUPPLEMENTARY INFORMATION: This final rule amends the DFARS as follows: SUMMARY: VerDate Sep<11>2014 18:37 Sep 12, 2019 Jkt 247001 1. All references in DFARS text, clauses, and Appendix F to ‘‘Electronic Document Access’’ are updated to read ‘‘Electronic Data Access’’. 2. Part 204 heading ‘‘Part 204– Administrative Matters’’ is revised to read ‘‘Part 204-Administrative and Information Matters’’ to align with the Federal Acquisition Regulation. A conforming change is also made to section 212.301 paragraph (f)(ii) heading. 3. Section 212.301 is amended to add paragraph (f)(ii)(B) to correct the electronic Code of Federal Regulation. Paragraph (b)(ii)(B), DFARS clause 252.204–7008, Compliance with Safeguarding Covered Defense Information Controls, was added by publication of interim rule DFARS 2013–D018 in the Federal Register at 80 FR 51739 on August 26, 2015, and finalized by DFARS final rule 2013– D018 published in the Federal Register at 81 FR 72986 on October 21, 2016. 4. Sections 216.605–70 and 237.172 are amended to add a notice to contracting officers to see DFARS Procedures Guidance and Information (PGI) 216.505–70 for guidance regarding minimum labor category qualifications for orders issued under multiple-award services contracts. 5. A cross-reference is corrected in DFARS 217.7402, paragraph (b). Document Access’’ and adding ‘‘Electronic Data Access’’ in its place. 204.1670 [Amended] 5. Amend section 204.1670 by removing ‘‘Electronic Document Access’’ and adding ‘‘Electronic Data Access’’ in its place. ■ PART 212—ACQUISITION OF COMMERCIAL ITEMS 6. Amend section 212.301 bya. Revising the paragraph heading for paragraph (f)(ii); and ■ b. Adding paragraph (f)(ii)(B). The revision and addition read as follows: ■ ■ 212.301 —SOLICITATION PROVISIONS AND CONTRACT CLAUSES FOR THE ACQUISITION OF COMMERCIAL ITEMS * * * * * (f) * * * (ii) Part 204–Administrative and Information Matters. * * * * * (B) Use the provision at 252.204– 7008, Compliance with Safeguarding Covered Defense Information Controls, as prescribed in 204.7304(a). * * * * * PART 216—TYPES OF CONTRACTS 7. Amend section 216.505–70 by— a. Revising the section heading; b. Designating the text as paragraph (a); and ■ c. Adding paragraph (b). The revision and addition read as follows: ■ ■ ■ 216.505–70 contracts. Orders under multiple-award * * * * * (b) See PGI 216.505–70 for guidance regarding minimum labor category qualifications for orders issued under multiple-award services contracts. PART 217—SPECIAL CONTRACTING METHODS 217.7402 [Amended] PART 204—ADMINISTRATIVE AND INFORMATION MATTERS 8. Amend section 217.7402 in paragraph (b) by removing ‘‘paragraph (a)(1), (3), or (4)’’ and adding ‘‘paragraph (a)’’ in its place. 2. Revise the heading to part 204 to read as set forth above. PART 237—SERVICE CONTRACTING 204.270–1 ■ ■ ■ ■ [Amended] 3. Amend section 204.270–1 in paragraph (a) by removing ‘‘Electronic Document Access’’ and adding ‘‘Electronic Data Access’’ in its place. ■ 204.802 237.172 [Amended] 4. Amend section 204.802 in paragraph (a) by removing ‘‘Electronic Frm 00016 Fmt 4701 Service contracts surveillance. * ■ PO 00000 9. Amend section 237.172 by— a. Designating the text as paragraph (a); and ■ b. Adding paragraph (b). The addition reads as follows. Sfmt 4700 * * * * (b) See PGI 216.505–70 for guidance regarding minimum labor category E:\FR\FM\13SER2.SGM 13SER2

Agencies

[Federal Register Volume 84, Number 178 (Friday, September 13, 2019)]
[Rules and Regulations]
[Pages 48508-48510]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2019-19566]


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DEPARTMENT OF DEFENSE

Defense Acquisition Regulations System

48 CFR Chapter 2

[Docket DARS-2019-0058]
RIN 0750-AK73


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 May 23, 2019. 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 September 13, 2019.

FOR FURTHER INFORMATION CONTACT: Ms. Jennifer Hawes, Defense 
Acquisition Regulations System, OUSD(A&S)DPC(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 Supplement (DFARS) updates the Charter of the ASBCA from the 
most recent prior version, dated April 9, 2018, to its latest version, 
dated May 23, 2019. The updated Charter revises paragraph 2 to reflect 
that appointment of ASBCA members and designation of the Chairman and 
Vice Chairmen of the ASBCA shall now be made by the Secretary of 
Defense, rather than 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.

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

[[Page 48509]]

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 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 to chapter 2 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
Revised 23 May 2019

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. Appointment of Board members shall be made by the 
Secretary of Defense. Members of the Board are hereby designated 
Administrative Judges. There shall be designated from among the 
appointed Judges of the Board a Chairman and two or more Vice Chairmen. 
Designation of the Chairman and Vice Chairmen shall be made by the 
Secretary of Defense, of nominees from Judges of the Board recommended 
by the Under Secretary of Defense responsible for acquisition, in 
coordination with the General Counsel of the Department of Defense, and 
the Assistant Secretaries of the Military Departments responsible for 
acquisition. When there is a vacancy, the incumbent is unavailable, or 
for appropriate Board administrative reasons, the Under Secretary of 
Defense responsible for acquisition or 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 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

[[Page 48510]]

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 upon the date of the 
signature of the Secretary of Defense.

Approved: Patrick M. Shanahan (23 May 2019),

Acting Secretary of Defense.

[FR Doc. 2019-19566 Filed 9-12-19; 8:45 am]
BILLING CODE 5001-06-P