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paragraph (1) and adjust the amount in accordance with economic in-
dexes selected by the Administrator. 
§ 7107. Judicial review of agency board decisions 
(a) REVIEW.— 
(1) IN GENERAL.—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 re-
ceives a copy of the decision. 
(2) TENNESSEE VALLEY AUTHORITY.—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 dis-
trict 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) REVIEW OF ARBITRATION.—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) FINALITY OF AGENCY BOARD DECISIONS ON QUESTIONS OF LAW 
AND FACT.—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) REMAND.—In an appeal by a contractor or the Federal Government 
from the decision of an agency board pursuant to subsection (a), the court 
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may render an opinion and judgment and remand the case for further ac-
tion by the agency board or by the executive agency as appropriate, with 
direction the court considers just and proper. 
(d) CONSOLIDATION.—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 jus-
tice, 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) JUDGMENTS AS TO FEWER THAN ALL CLAIMS OR PARTIES.—In an 
action filed pursuant to this chapter involving 2 or more claims, counter-
claims, 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) ADVISORY OPINIONS.— 
(1) IN GENERAL.—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) APPLICABLE ISSUE.—An issue referred to in paragraph (1) is 
any issue that could be the proper subject of a final decision of a con-
tracting officer appealable under this chapter. 
(3) REFERRAL TO AGENCY BOARD WITH JURISDICTION.—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) TIMELY RESPONSE.—After receiving a request for an advisory 
opinion under paragraph (1), an agency board shall provide the advi-
sory opinion in a timely manner to the district court making the re-
quest. 
§ 7108. Payment of claims 
(a) JUDGMENTS.—Any judgment against the Federal Government on a 
claim under this chapter shall be paid promptly in accordance with the pro-
cedures provided by section 1304 of title 31. 
(b) MONETARY AWARDS.—Any monetary award to a contractor by an 
agency board shall be paid promptly in accordance with the procedures con-
tained in subsection (a). 
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