§7107 — Title 41 Public Contracts | U.S. Code

Summary

Agency board decisions are final, but a contractor can appeal to the U.S. Court of Appeals for the Federal Circuit within 120 days after the contractor gets a copy. An agency head may also send the decision to that same court under 28 U.S.C. 1295, but only with the Attorney General’s approval and within 120 days after the agency gets a copy. The Tennessee Valley Authority is different: appeals go to a U.S. district court under 28 U.S.C. 1337. A contractor has 120 days after getting a copy to appeal, and the TVA has 120 days from the date of the decision. Arbitration awards are reviewed under sections 9–13 of title 9, but a court can cancel or limit any award that breaks a federal law. On appeal, the board’s legal rulings are not final, but its factual findings are final unless they are fraudulent, arbitrary or capricious, so clearly wrong they imply bad faith, or not supported by substantial evidence. A court can decide the case, send it back to the board or agency with instructions, and the U.S. Court of Federal Claims may combine or move related cases for convenience or justice. Courts may enter judgments on some claims or parties while other parts continue. A district court can ask the agency board that handles these appeals for a timely advisory opinion on contract interpretation.

Title 41, §7107

Public Contracts — Source: USLM XML via OLRC

(a)(1)The decision of an agency board is final, except that—

(A)a contractor may appeal the decision to the United States Court of Appeals for the Federal Circuit within 120 days from the date the contractor receives a copy of the decision; or

(B)if an agency head determines that an appeal should be taken, the agency head, with the prior approval of the Attorney General, may transmit the decision to the United States Court of Appeals for the Federal Circuit for judicial review under section 1295 of title 28, within 120 days from the date the agency receives a copy of the decision.

(2)Notwithstanding paragraph (1), a decision of the board of contract appeals of the Tennessee Valley Authority is final, except that—

(A)a contractor may appeal the decision to a United States district court pursuant to section 1337 of title 28, within 120 days from the date the contractor receives a copy of the decision; or

(B)the Tennessee Valley Authority may appeal the decision to a United States district court pursuant to section 1337 of title 28, within 120 days from the date of the decision.

(3)An award by an arbitrator under this chapter shall be reviewed pursuant to sections 9 to 13 of title 9, except that the court may set aside or limit any award that is found to violate limitations imposed by Federal statute.

(b)Notwithstanding any contract provision, regulation, or rule of law to the contrary, in an appeal by a contractor or the Federal Government from the decision of an agency board pursuant to subsection (a)—

(1)the decision of the agency board on a question of law is not final or conclusive; but

(2)the decision of the agency board on a question of fact is final and conclusive and may not be set aside unless the decision is—

(A)fraudulent, arbitrary, or capricious;

(B)so grossly erroneous as to necessarily imply bad faith; or

(C)not supported by substantial evidence.

(c)In an appeal by a contractor or the Federal Government from the decision of an agency board pursuant to subsection (a), the court may render an opinion and judgment and remand the case for further action by the agency board or by the executive agency as appropriate, with direction the court considers just and proper.

(d)If 2 or more actions arising from one contract are filed in the United States Court of Federal Claims and one or more agency boards, for the convenience of parties or witnesses or in the interest of justice, the United States Court of Federal Claims may order the consolidation of the actions in that court or transfer any actions to or among the agency boards involved.

(e)In an action filed pursuant to this chapter involving 2 or more claims, counterclaims, cross-claims, or third-party claims, and where a portion of one of the claims can be divided for purposes of decision or judgment, and in any action where multiple parties are involved, the court, whenever appropriate, may enter a judgment as to one or more but fewer than all of the claims or portions of claims or parties.

(f)(1)Whenever an action involving an issue described in paragraph (2) is pending in a district court of the United States, the district court may request an agency board to provide the court with an advisory opinion on the matters of contract interpretation under consideration.

(2)An issue referred to in paragraph (1) is any issue that could be the proper subject of a final decision of a contracting officer appealable under this chapter.

(3)A district court shall direct a request under paragraph (1) to the agency board having jurisdiction under this chapter to adjudicate appeals of contract claims under the contract being interpreted by the court.

(4)After receiving a request for an advisory opinion under paragraph (1), an agency board shall provide the advisory opinion in a timely manner to the district court making the request.

Notes & Related Subsidiaries

Historical and Revision Notes

Revised SectionSource (U.S. Code)Source (Statutes at Large) 7107(a)41:607(g).Pub. L. 95–563, § 8(g), Nov. 1, 1978, 92 Stat. 2387; Pub. L. 97–164, title I, § 156, Apr. 2, 1982, 96 Stat. 47; Pub. L. 101–552, § 6(b), Nov. 15, 1990, 104 Stat. 2746. 7107(b)41:609(b).Pub. L. 95–563, § 10(b), (e), Nov. 1, 1978, 92 Stat. 2388. 7107(c)41:609(c).Pub. L. 95–563, § 10(c), Nov. 1, 1978, 92 Stat. 2388; Pub. L. 97–164, title I, § 157, Apr. 2, 1982, 96 Stat. 47. 7107(d)41:609(d).Pub. L. 95–563, § 10(d), Nov. 1, 1978, 92 Stat. 2388; Pub. L. 97–164, title I, § 160(a)(15), Apr. 2, 1982, 96 Stat. 48. 7107(e)41:609(e). 7107(f)41:609(f).Pub. L. 95–563, § 10(f), as added Pub. L. 103–355, title II, § 2354, Oct. 13, 1994, 108 Stat. 3323. In subsection (a)(1)(B), the words “may transmit” are substituted for “transmits” to correct the grammatical structure of the provision in accordance with the probable intent of Congress. The words “the decision” are substituted for “the decision of the board of contract appeals” and for “the board’s decision” to eliminate unnecessary words and for consistency with 41:607(g)(1)(A). In subsection (a)(2)(B), the words “in any case” are omitted as unnecessary. In subsection (d), the words “United States Court of Federal Claims” are substituted for “United States Claims Court” because of section 902(b)(1) of the Federal Courts Administration Act of 1992 (Pub. L. 102–572, 106 Stat. 4516, 28 U.S.C. 171 note). In subsection (f)(1), (3), and (4), the words “agency board” are substituted for “board of contract appeals” to eliminate unnecessary words and for consistency with the definition of “agency board” in section 7101 of the revised title. In subsection (f)(1), the words “under consideration” are substituted for “at issue” to avoid potential confusion with the words “issue described in paragraph (2)”.

§7107 Judicial review of agency board decisions

Summary

Title 41, §7107

Notes & Related Subsidiaries

Historical and Revision Notes

Citations & Metadata