SUMMARY:

Rules of the Armed Services Board of Contract Appeals

Summary:

DCN 20110511 includes a final rule to update the Rules of the Armed Services Board of Contract Appeals (ASBCA). The final rule implements Statutory increases in the thresholds relating to the submission and processing of contract appeals and updates statutory references and other administrative information.

Supplementary Information:

I. Background

DoD This final rule is being issued on behalf of Mr. Paul Williams, Chairman, Armed Services Board of Contract Appeals. It amends DFARS Appendix A, Armed Services Board of Contract Appeals, Part 2--Rules, to update thresholds related to requirements for contractor claims and to update information as follows:

•  The Preface, section I, has been amended to implement section 3 of Public Law 111-350, 124 Stat. 3677 (2011), which, inter alia, revised and renumbered 41 U.S.C. 601-613 to 41 U.S.C. 7101-7109.

•  The Preface, section II(a), has been amended to update the Board's address and telephone number.

•  In Rule 1, subsections (b) and (c) implement section 2351(b) of Public Law 103-355, 108 Stat. 3322 (1994). Section 2351(b) amended 41 U.S.C. 605(c) to increase, from $50,000 to $100,000, the threshold relating to certification, decision, and notification requirements for contractor claims.

•  Rule 12.1, subsection (a), and Rule 12.3, subsection (b), implement section 2351(d) of Public Law 103-355, 108 Stat. 3322 (1994). Section 2351(d) amended 41 U.S.C. 608(a) to increase, from $10,000 to $50,000, the threshold for applicability of small claims procedures for disposition of appeals.

•  Rule 12.1, subsection (a) implements section 857 of Public Law 109-364, 120 Stat. 2349 (2006). Section 857 amended 41 U.S.C. 608(a) to insert after $50,000 or less" the following language: "Or, in the case of a small business concern (as defined in the Small Business Act and regulations under that Act), $150,000 or less."

•  Rule 12.1, subsection (b), implements section 2351(c) of Public Law 103-355, 108 Stat. 3322 (1994). Section 2351(c) amended 41 U.S.C. 607(f) to increase, from $50,000 to $100,000, the threshold for applicability of accelerated procedures for disposition of appeals.

•  Rule 28, subsection (b), implements section 4322(b)(7) of Public Law 104-106, 110 Stat. 677 (1996). Section 4322(b)(7) amended 41 U.S.C. 612 to update statutory references relating to payment of claims. Rule 28, subsection (b), also contains changes for consistency with the judgment fund certification process specified in the Treasury Financial Manual, Financial Management Service, Department of the U.S. Treasury.

•  Minor changes have been made throughout the Rules to ensure uniformity and to correct typographical errors.

A proposed rule was published in the Federal Register at 76 FR 7782 on February 11, 2011. No comments were received in response to the proposed rule.

Dates:

The Effective Date for this final rule is 11 May 2011.

Click here to read the entire Federal Register notice for this rule.