PRIA, Government Policy, Made Personal

Summary

The Secretary of Defense may set up the Panama Canal Board of Contract Appeals after consulting with the Commission. The Board will have three members. At least one member must be a lawyer licensed in the Republic of Panama. Members must take an oath the Secretary sets. Pay for members is set by the Commission’s supervisory board and cannot be more than the basic pay for level IV of the Executive Schedule (5 U.S.C. 5315). A member’s pay cannot be cut while they serve. The Board is the only body that can decide appeals from contracting officer decisions under 41 U.S.C. 7105(e) and can decide protests under subchapter V of 31 U.S.C. For certain parts of 31 U.S.C., references to the Comptroller General will instead refer to the Board, with one cited exception where both the Board and the Comptroller General are referenced. Two required reports must also be sent to the Comptroller General. Section 3556 of 31 U.S.C. does not apply to the Board, but people can still file protests with the contracting officer. The Board must write procedures to decide cases quickly and starts work once it is set up and has those procedures. It will handle appeals and protests filed on or after its start date; earlier cases stay where they were filed. The Board may also handle similar matters for the Commission under the Commission’s rules.

Title 22, §3862

Foreign Relations and Intercourse, Source: USLM XML via OLRC

(a)Establishment

(1)The Secretary of Defense, in consultation with the Commission, may establish a board of contract appeals, to be known as the Panama Canal Board of Contract Appeals, in accordance with section 7105(a), (c) to (e), (g), 7106(a), and 7107(a) of title 41. Except as otherwise provided by this section, the Panama Canal Board of Contract Appeals (in this section referred to as the “Board”) shall be subject to chapter 71 of title 41 in the same manner as any other agency board of contract appeals established under that chapter.

(2)The Board shall consist of three members. At least one member of the Board shall be licensed to practice law in the Republic of Panama. Individuals appointed to the Board shall take an oath of office, the form of which shall be prescribed by the Secretary of Defense.

(3)Compensation for members of the Board of Contract Appeals shall be established by the Commission’s supervisory board. The annual compensation established for members may not exceed the rate of basic pay established for level IV of the Executive Schedule under section 5315 of title 5. The compensation of a member may not be reduced during the member’s term of office from the level established at the time of the appointment of the member.

(b)Exclusive jurisdiction to decide appeals

Notwithstanding section 7104(b)(1) of title 41 or any other provision of law, the Board shall have exclusive jurisdiction to decide an appeal from a decision of a contracting officer under section 7105(e) of title 41.

(c)Exclusive jurisdiction to decide protests

The Board shall decide protests submitted to it under this subsection by interested parties in accordance with subchapter V of title 31. Notwithstanding section 3556 of that title, section 1491(b) of title 28, and any other provision of law, the Board shall have exclusive jurisdiction to decide such protests. For purposes of this subsection— (1)

(2)the reference to the Comptroller General in section 3553(d)(3)(C)(ii) of such title is deemed to be a reference to both the Board and the Comptroller General;

(3)the report required by paragraph (1) of section 3554(e) of such title shall be submitted to the Comptroller General as well as the committees listed in such paragraph;

(4)the report required by paragraph (2) of such section shall be submitted to the Comptroller General as well as Congress; and

(5)section 3556 of such title shall not apply to the Board, but nothing in this subsection shall affect the right of an interested party to file a protest with the appropriate contracting officer.

(d)Procedures

The Board shall prescribe such procedures as may be necessary for the expeditious decision of appeals and protests under subsections (b) and (c).

(e)Commencement

The Board shall begin to function as soon as it has been established and has prescribed procedures under subsection (d).

(f)Transition

The Board shall have jurisdiction under subsections (b) and (c) over any appeals and protests filed on or after the date on which the Board begins to function. Any appeals and protests filed before such date shall remain before the forum in which they were filed.

(g)Other functions

The Board may perform functions similar to those described in this section for such other matters or activities of the Commission as the Commission may determine and in accordance with regulations prescribed by the Commission.

Notes & Related Subsidiaries

Editorial Notes

Codification In subsec. (a)(1), “section 7105(a), (c) to (e), (g), 7106(a), and 7107(a) of title 41” substituted for “section 8 of the Contract Disputes Act of 1978 (41 U.S.C. 607)”, “chapter 71 of title 41” substituted for “the Contract Disputes Act of 1978 (41 U.S.C. 601 et seq.)”, and “that chapter” substituted for “that Act” on authority of Pub. L. 111–350, § 6(c), Jan. 4, 2011, 124 Stat. 3854, which Act enacted Title 41, Public Contracts. In subsec. (b), “section 7104(b)(1) of title 41” substituted for “section 10(a)(1) of the Contract Disputes Act of 1978 (41 U.S.C. 609(a)(1))” and “section 7105(e) of title 41” substituted for “section 8(d) of such Act (41 U.S.C. 607(d))” on authority of Pub. L. 111–350, § 6(c), Jan. 4, 2011, 124 Stat. 3854, which Act enacted Title 41, Public Contracts.

Amendments

1998—Subsec. (a). Pub. L. 105–261, § 3510(a)(1), substituted “may” for “shall” in first sentence. Subsec. (a)(3). Pub. L. 105–261, § 3510(a)(2), added par. (3). Subsec. (e). Pub. L. 105–261, § 3510(b), struck out “, but not later than January 1, 1999” before period at end.

§3862 Panama Canal Board of Contract Appeals

Summary

Title 22, §3862

Notes & Related Subsidiaries

Editorial Notes

Amendments

Citations & Metadata