Final Rule Updates ASBCA Rules

A final rule issued by the Department of Defense revises the Rules of the Armed Services Board of Contract Appeals to implement statutory increases in the thresholds for submitting and processing contract appeals and to update statutory references and other administrative information. The final rule amends Appendix A, Part 2 of the Defense Federal Acquisition Regulation Supplement. Specifically, the rule amends the Preface of the ASBCA rules to update the board’s address and telephone number, and to implement Section 3 of PL 111-350, which revised and renumbered 41 USC 601-613. Also, the rule amends Rule 1, to increase from $50,000 to $100,000 the threshold relating to certification, decision, and notification requirements for contractor claims, and Rule 12.1, to increase the threshold for using expedited small claims procedures from $10,000 to $50,000 ($150,000 for small business concerns) and the threshold for using accelerated procedures to $100,000. Amendments to Rule 28 update statutory references relating to payment of claims and make changes consistent with the judgment fund certification process specified in the Treasury Financial Manual. Finally, the rule makes minor changes throughout the ASBCA rules to ensure uniformity and correct typographical errors. DoD received no comments on the proposed version of the rule (¶70,020.287). The effective date of the final rule is May 11, 2011. For the text of the rule, see ¶70,016.644.