§3862 Panama Canal Board of Contract Appeals

Summary

Create a Panama Canal Board of Contract Appeals when the Secretary of Defense and the Panama Canal Commission agree. The Board will work like other federal contract-appeals boards unless this law changes the rules. It will have three members, and at least one must be licensed to practice law in the Republic of Panama. Members must take an oath set by the Secretary of Defense. The Commission’s supervisory board sets pay. Pay cannot be higher than the basic pay rate for Level IV of the Executive Schedule (see section 5315 of title 5). A member’s pay cannot be cut while they are serving. Only the Board can decide appeals of contracting officer decisions under section 7105(e) of title 41 and protests under subchapter V of title 31, even if other laws say something different. Most places in sections 3551–3555 of title 31 that mention the Comptroller General will instead refer to the Board, with one specific reference treated as applying to both the Board and the Comptroller General. Certain reports must still be sent to the Comptroller General and to Congress or the listed committees. Section 3556 of title 31 does not apply to the Board, but people can still file protests with contracting officers. The Board must make rules to decide cases quickly and starts work once it is set up and the rules are made. It will hear appeals and protests filed on or after the date it begins; earlier cases stay where they were filed. The Commission may also let the Board handle other similar Commission matters under Commission rules.