[Federal Register: April 22, 2008 (Volume 73, Number 78)]
[Rules and Regulations]               
[Page 21799-21800]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]





48 CFR Part 33

[FAC 2005-25; FAR Case 2006-031; Item VI; Docket 2008-0001; Sequence 9]
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: Final rule.


SUMMARY: The Civilian Agency Acquisition Council and the Defense 
Acquisition Regulations Council (Councils) have agreed on a final rule 
amending the Federal Acquisition Regulation (FAR) to implement Section 
857 of the John Warner National Defense Authorization Act for Fiscal 
Year 2007.

DATES: Effective Date: May 22, 2008.

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 FAC 2005-25, FAR case 


A. Background

    DoD, GSA, and NASA published a proposed rule in the Federal 
Register at 72 FR 46950 on August 22, 2007. No

[[Page 21800]]

public comments were received in response to the proposed rule. This 
final rule makes no change to the proposed rule.
    Section 857 creates a different, higher dollar ceiling to enable 
small businesses to use the small claims procedure to appeal a 
contracting officer's final decision. This rule amends the FAR to add 
the 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 Department of Defense, General Services Administration, and 
National Aeronautics and Space Administration certify that this final 
rule will not 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 it does not change the 
rules for buying and does not add an information collection 
requirement. It will have a small positive impact because small 
businesses will be able to more easily use the special contract appeals 

C. Paperwork Reduction Act

    The Paperwork Reduction Act does not apply because the 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.

    Dated: April 4, 2008.
Al Matera,
Director, Office of Acquisition Policy.

Therefore, DoD, GSA, and NASA amend 48 CFR part 33 as set forth below:


1. The authority citation for 48 CFR part 33 continues to read as 

    Authority: 40 U.S.C. 121(c); 10 U.S.C. chapter 137; and 42 
U.S.C. 2473(c).
2. Amend section 33.211 by revising paragraph (a) to read as follows:

33.211  Contracting officer's decision.

    (a) When a claim by or against a contractor cannot be satisfied or 
settled by mutual agreement and a decision on the claim is necessary, 
the contracting officer shall--
    (1) Review the facts pertinent to the claim;
    (2) Secure assistance from legal and other advisors;
    (3) Coordinate with the contract administration officer or 
contracting office, as appropriate; and
    (4) Prepare a written decision that shall include--
    (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 
    (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. E8-8427 Filed 4-21-08; 8:45 am]