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B-198620 1 (1986-06-03)

handle is hein.gao/gaobabktw0001 and id is 1 raw text is: UNITED STATES GENERAL ACCOUNTING OFFICE WASHINGTON, D.C. 20548 OFFICE OF GENERAL COUNSEL B-198620 June 3, 1986 The Honorable William S. Cohen Chairman, Subcommittee on Oversight of Government Management Committee on Governmental Affairs United States Senate Dear Mr. Chairman: This responds to your recent request for our comments on S.2426, the Contract Disputes Act of 1986. The first title of this bill incorporates revised language from a bill you introduced earlier this year, S.2223, the Board of Contract Appeals Independence Enhancement Act, 1986. Like S.2223, S.2426 is designed to enhance the indepen- dence of members of boards of contract appeals (BCA) by elimi- nating any possible perception that members of BCAs are insufficiently insulated from agency control. S.2223 responded to the concerns about the independence of BCA members raised by our report The Armed Services Board of Contract Appeals Has Operated Independently, GAO/NSIAD-85- 102, September 1985. In an earlier letter to you, we stated our belief that S.2223 addressed the concerns we identified in our report, and we offered several technical comments and observations concerning S.2223. In this regard, we are pleased that the language of S.2426 also addresses the concerns about the independence of BCA members identified in our earlier report, and that it addresses the technical concerns raised in our earlier letter. The second title of S.2426 incorporates revised language from an administration bill, S.2006, the Contract Disputes Act Amendments of 1985, that would impose deadlines for the submission of contractor claims against the government and change deadlines for appeals from decisions of the contracting officer to a BCA or federal court. Specifically, it requires that all contractual claims against the government be sub- mitted in writing to the contracting officer within 36 months of the date when such claims accrue. It also changes to 6 months the period during which contractors may appeal a contracting officer's decision to the BCA or federal court.

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