The Armed Services Board of Contract Appeals Has Operated Independently
NSIAD-85-102
Published: Sep 23, 1985. Publicly Released: Oct 23, 1985.
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Highlights
Pursuant to a congressional request, GAO reviewed the Armed Services Board of Contract Appeals to determine whether: (1) there are impairments to organizational and individual independence in the Board's charter, structure, and operating practices; (2) the Board has sufficient knowledge and understanding of generally accepted accounting and cost principles; and (3) Board members were selected, appointed, and removed in the manner prescribed for administrative law judges.
Recommendations
Matter for Congressional Consideration
| Matter | Status | Comments |
|---|---|---|
| To ensure that members of boards of contracts appeals are insulated from agency control to the same degree as administrative law judges in their selection and removal, Congress may wish to consider amending the Contract Disputes Act of 1978 and the Administrative Procedure Act to give the Office of Personnel Management and the Merit Systems Protection Board roles in these processes. | The Contract Disputes Act Amendments of 1986 require that members of Boards of Contract Appeals be selected using a competitive examination process under the Administrative Procedures Act. OPM will maintain a register of qualified applicants. The amendments also extend to all members the protections of no performance appraisal by an agency and removal only for good cause determined by MSPB. |
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