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Title 41 — Public ContractsRelease 119-73not60

§7104 Contractor’s Right of Appeal From Decision by Contracting Officer

Title 41 › Subtitle Subtitle III— Contract Disputes › Chapter 71— CONTRACT DISPUTES › § 7104

Last updated Apr 5, 2026|Official source

Summary

A contractor can challenge a contracting officer’s decision (the one in section 7103) by appealing to the agency board described in section 7105. The appeal must be filed within 90 days after the contractor gets the decision. Instead of that appeal, a contractor may file a lawsuit in the United States Court of Federal Claims, unless the defendant is the Tennessee Valley Authority; then the suit must be in a U.S. district court under 28 U.S.C. §1337. Any such lawsuit must be filed within 12 months of getting the contracting officer’s decision, and the court will hear the case anew under its normal rules.

Full Legal Text

Title 41, §7104

Public Contracts — Source: USLM XML via OLRC

(a)A contractor, within 90 days from the date of receipt of a contracting officer’s decision under section 7103 of this title, may appeal the decision to an agency board as provided in section 7105 of this title.
(b)(1)Except as provided in paragraph (2), and in lieu of appealing the decision of a contracting officer under section 7103 of this title to an agency board, a contractor may bring an action directly on the claim in the United States Court of Federal Claims, notwithstanding any contract provision, regulation, or rule of law to the contrary.
(2)In the case of an action against the Tennessee Valley Authority, the contractor may only bring an action directly on the claim in a district court of the United States pursuant to section 1337 of title 28, notwithstanding any contract provision, regulation, or rule of law to the contrary.
(3)A contractor shall file any action under paragraph (1) or (2) within 12 months from the date of receipt of a contracting officer’s decision under section 7103 of this title.
(4)An action under paragraph (1) or (2) shall proceed de novo in accordance with the rules of the appropriate court.

Legislative History

Notes & Related Subsidiaries

Historical and Revision Notes

Revised SectionSource (U.S. Code)Source (Statutes at Large) 7104(a)41:606.Pub. L. 95–563, § 7, Nov. 1, 1978, 92 Stat. 2385. 7104(b)41:609(a).Pub. L. 95–563, § 10(a), Nov. 1, 1978, 92 Stat. 2388; Pub. L. 97–164, title I, § 161(10), Apr. 2, 1982, 96 Stat. 49. In subsection (a), the words “of contract appeals” are omitted as unnecessary because of the definition of “agency board” in section 7101 of the revised title. In subsection (b)(1), 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).

Reference

Citations & Metadata

Citation

41 U.S.C. § 7104

Title 41 — Public Contracts

Last Updated

Apr 5, 2026

Release point: 119-73not60