H. R. 1107—144 
alternative means of dispute resolution under subchapter IV 
of chapter 5 of title 5, or other mutually agreeable procedures, 
for resolving claims. All provisions of subchapter IV of chapter 
5 of title 5 apply to alternative means of dispute resolution 
under this subsection. 
(2) CERTIFICATION
OF
CLAIM.—The contractor shall certify 
the claim when required to do so under subsection (b)(1) or 
other law. 
(3) REJECTING REQUEST FOR ALTERNATIVE DISPUTE RESOLU-
TION.— 
(A) CONTRACTING
OFFICER.—A contracting officer who 
rejects a contractor’s request for alternative dispute resolu-
tion proceedings shall provide the contractor with a written 
explanation, citing one or more of the conditions in section 
572(b) of title 5 or other specific reasons that alternative 
dispute resolution procedures are inappropriate. 
(B) CONTRACTOR.—A contractor that rejects an agency’s 
request for alternative dispute resolution proceedings shall 
inform the agency in writing of the contractor’s specific 
reasons for rejecting the request. 
§ 7104. Contractor’s right of appeal from decision by con-
tracting officer 
(a) APPEAL TO AGENCY BOARD.—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) BRINGING AN ACTION DE NOVO IN FEDERAL COURT.— 
(1) IN GENERAL.—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 provi-
sion, regulation, or rule of law to the contrary. 
(2) TENNESSEE VALLEY AUTHORITY.—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, not-
withstanding any contract provision, regulation, or rule of law 
to the contrary. 
(3) TIME FOR FILING.—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) DE NOVO.—An action under paragraph (1) or (2) shall 
proceed de novo in accordance with the rules of the appropriate 
court. 
§ 7105. Agency boards 
(a) ARMED SERVICES BOARD.— 
(1) ESTABLISHMENT.—An Armed Services Board of Contract 
Appeals may be established within the Department of Defense 
when the Secretary of Defense, after consultation with the 
Administrator, determines from a workload study that the 
volume of contract claims justifies the establishment of a full- 
time agency board of at least 3 members who shall have no 
other inconsistent duties. Workload studies will be updated 
at least once every 3 years and submitted to the Administrator.
H. R. 1107—145 
(2) APPOINTMENT OF MEMBERS AND COMPENSATION.—Mem-
bers of the Armed Services Board shall be selected and 
appointed in the same manner as administrative law judges 
appointed pursuant to section 3105 of title 5, with an additional 
requirement that members must have had at least 5 years 
of experience in public contract law. The Secretary of Defense 
shall designate the chairman and vice chairman of the Armed 
Services Board from among the appointed members. Compensa-
tion for the chairman, vice chairman, and other members shall 
be determined under section 5372a of title 5. 
(b) CIVILIAN BOARD.— 
(1) ESTABLISHMENT.—There is established in the General 
Services Administration the Civilian Board of Contract Appeals. 
(2) MEMBERSHIP.— 
(A) ELIGIBILITY.—The Civilian Board consists of members 
appointed by the Administrator of General Services (in 
consultation with the Administrator for Federal Procure-
ment Policy) from a register of applicants maintained by 
the Administrator of General Services, in accordance with 
rules issued by the Administrator of General Services (in 
consultation with the Administrator for Federal Procure-
ment Policy) for establishing and maintaining a register 
of eligible applicants and selecting Civilian Board members. 
The Administrator of General Services shall appoint a 
member without regard to political affiliation and solely 
on the basis of the professional qualifications required to 
perform the duties and responsibilities of a Civilian Board 
member. 
(B) APPOINTMENT
OF
MEMBERS
AND
COMPENSATION.— 
Members of the Civilian Board shall be selected and 
appointed to serve in the same manner as administrative 
law judges appointed pursuant to section 3105 of title 
5, with an additional requirement that members must have 
had at least 5 years experience in public contract law. 
Compensation for the members shall be determined under 
section 5372a of title 5. 
(3) REMOVAL.—Members of the Civilian Board are subject 
to removal in the same manner as administrative law judges, 
as provided in section 7521 of title 5. 
(4) FUNCTIONS.— 
(A) IN
GENERAL.—The Civilian Board has jurisdiction 
as provided by subsection (e)(1)(B). 
(B) ADDITIONAL JURISDICTION.—With the concurrence of 
the Federal agencies affected, the Civilian Board may 
assume— 
(i) jurisdiction over any additional category of laws 
or disputes over which an agency board of contract 
appeals established pursuant to section 8 of the Con-
tract Disputes Act exercised jurisdiction before January 
6, 2007; and 
(ii) any other function the agency board performed 
before January 6, 2007, on behalf of those agencies. 
(c) TENNESSEE VALLEY AUTHORITY BOARD.— 
(1) ESTABLISHMENT.—The Board of Directors of the Tennessee 
Valley Authority may establish a board of contract appeals 
of the Tennessee Valley Authority of an indeterminate number 
of members.