[Federal Register Volume 72, Number 162 (Wednesday, August 22, 2007)]
[Proposed Rules]
[Pages 46950-46951]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 07-4077]


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DEPARTMENT OF DEFENSE

GENERAL SERVICES ADMINISTRATION

NATIONAL AERONAUTICS AND SPACE ADMINISTRATION

48 CFR Part 33

[FAR Case 2006-031; Docket 2007-0001; Sequence 8]
RIN 9000-AK79


Federal Acquisition Regulation; FAR Case 2006-031, Enhanced 
Access for Small Business

AGENCIES:  Department of Defense (DoD), General Services Administration 
(GSA), and National Aeronautics and Space Administration (NASA).

ACTION:  Proposed rule with request for comments.

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SUMMARY:  The Civilian Agency Acquisition Council and the Defense 
Acquisition Regulations Council (Councils) are proposing to amend the 
Federal Acquisition Regulation (FAR) to implement Section 857 of the 
John Warner National Defense Authorization Act for Fiscal Year 2007 
(Pub. L. 109-364).

DATES:  Interested parties should submit written comments to the FAR 
Secretariat on or before October 22, 2007 to be considered in the 
formulation of a final rule.

ADDRESSES:  Submit comments identified by FAR case 2006-031 by any of 
the following methods:
    <bullet> Federal eRulemaking Portal: http://www.regulations.gov. 
Search for any document by first selecting the proper document types 
and selecting ``Federal Acquisition Regulation'' as the agency of 
choice. At the ``Keyword'' prompt, type in the FAR case number (for 
example, FAR Case 2006-031) and click on the ``Submit'' button. You may 
also search for any document by clicking on the ``Advanced search/
document search'' tab at the top of the screen, selecting from the 
agency field ``Federal Acquisition Regulation'', and typing the FAR 
case number in the keyword field. Select the ``Submit'' button. Please 
include any personal and/or business information inside the document.
    <bullet> Fax: 202-501-4067.
    <bullet> Mail: General Services Administration, Regulatory 
Secretariat (VIR), 1800 F Street, NW., Room 4035, ATTN: Laurieann 
Duarte, Washington, DC 20405.
    Instructions: Please submit comments only and cite FAR case 2006-
031 in all correspondence related to this case. All comments received 
will be posted without change to http://www.regulations.gov, including 
any personal and/or business confidential information provided.

FOR FURTHER INFORMATION CONTACT:  Ms. Meredith Murphy, Procurement 
Analyst, at (202) 208-6925 for clarification of content. For 
information pertaining to status or publication schedules, contact the 
FAR Secretariat at (202) 501-4755. Please cite FAR case 2006-031.

SUPPLEMENTARY INFORMATION:

A. Background

    Section 857 of the John Warner National Defense Authorization Act 
Fiscal Year 2007 (Pub. L. 109-364) created a higher ceiling for small 
businesses to use the small claims procedure to appeal a contracting 
officer's final decision. This proposed rule amends the FAR to add the 
higher ceiling at 33.211(a)(4)(v).
    This is not a significant regulatory action and, therefore, was not 
subject to review under Section 6(b) of Executive Order 12866, 
Regulatory Planning and Review, dated September 30, 1993. This rule is 
not a major rule under 5 U.S.C. 804.

B. Regulatory Flexibility Act

    The Councils do not expect this proposed rule to have a significant 
economic impact on a substantial number of small entities within the 
meaning of the Regulatory Flexibility Act, 5 U.S.C. 601, et seq., 
because this proposed rule does not change the rules for buying and 
does not add an information collection requirement. An Initial 
Regulatory Flexibility Analysis has, therefore, not been performed. We 
invite comments from small businesses and other interested parties. The 
Councils will consider comments from small entities concerning the 
affected FAR Part 33 in accordance with 5 U.S.C. 610. Interested 
parties must submit such comments separately and should cite 5 U.S.C. 
601, et seq. (FAR case 2006-031), in correspondence.

C. Paperwork Reduction Act

    The Paperwork Reduction Act does not apply because the proposed 
changes to the FAR do not impose 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 Part 33

    Government procurement.


[[Page 46951]]


    Dated: August 14, 2007
Al Matera,
Director, Office of Acquisition Policy.
    Therefore, DoD, GSA, and NASA propose amending 48 CFR part 33 as 
set forth below:
    1. The authority citation for 48 CFR part 33 continues to read as 
follows:

    Authority:  40 U.S.C. 121(c); 10 U.S.C. chapter 137; and 42 
U.S.C. 2473(c).

PART 33--PROTESTS, DISPUTES, AND APPEALS

    2. Amend section 33.211 by revising paragraph (a)(4) to read as 
follows:


33.211  Contracting officer's decision.

    (a) * * *
     (4) Prepare a written decision that shall include a--
    (i) A description of the claim or dispute;
    (ii) A reference to the pertinent contract terms;
    (iii) A statement of the factual areas of agreement and 
disagreement;
    (iv) A statement of the contracting officer's decision, with 
supporting rationale;
    (v) Paragraphs substantially as follows:
    ``This is the final decision of the Contracting Officer. You may 
appeal this decision to the agency board of contract appeals. If you 
decide to appeal, you must, within 90 days from the date you receive 
this decision, mail or otherwise furnish written notice to the agency 
board of contract appeals and provide a copy to the Contracting Officer 
from whose decision this appeal is taken. The notice shall indicate 
that an appeal is intended, reference this decision, and identify the 
contract by number. With regard to appeals to the agency board of 
contract appeals, you may, solely at your election, proceed under the 
board's--
    (1) Small claim procedure for claims of $50,000 or less 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; or
    (2) Accelerated procedure for claims of $100,000 or less.
    Instead of appealing to the agency board of contract appeals, you 
may bring an action directly in the United States Court of Federal 
Claims (except as provided in the Contract Disputes Act of 1978, 41 
U.S.C. 603, regarding Maritime Contracts) within 12 months of the date 
you receive this decision''; and
    (vi) Demand for payment prepared in accordance with 32.610(b) in 
all cases where the decision results in a finding that the contractor 
is indebted to the Government.
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[FR Doc. 07-4077 Filed 8-21-07; 8:45 am]
BILLING CODE 6820-EP-S