184 
(A) ARMED SERVICES BOARD.—The Armed Services Board has 
jurisdiction to decide any appeal from a decision of a contracting 
officer of the Department of Defense, the Department of the 
Army, the Department of the Navy, the Department of the Air 
Force, or the National Aeronautics and Space Administration rel-
ative to a contract made by that department or agency. 
(B) CIVILIAN BOARD.—The Civilian Board has jurisdiction to 
decide any appeal from a decision of a contracting officer of any 
executive agency (other than the Department of Defense, the De-
partment of the Army, the Department of the Navy, the Depart-
ment of the Air Force, the National Aeronautics and Space Ad-
ministration, the United States Postal Service, the Postal Regu-
latory Commission, or the Tennessee Valley Authority) relative to 
a contract made by that agency. 
(C) POSTAL SERVICE BOARD.—The Postal Service Board of 
Contract Appeals has jurisdiction to decide any appeal from a de-
cision of a contracting officer of the United States Postal Service 
or the Postal Regulatory Commission relative to a contract made 
by either agency. 
(D) OTHER AGENCY BOARDS.—Each other agency board has ju-
risdiction to decide any appeal from a decision of a contracting of-
ficer relative to a contract made by its agency. 
(2) RELIEF.—In exercising this jurisdiction, an agency board may 
grant any relief that would be available to a litigant asserting a con-
tract claim in the United States Court of Federal Claims. 
(f) SUBPOENA, DISCOVERY, AND DEPOSITION.—A member of an agency 
board of contract appeals may administer oaths to witnesses, authorize 
depositions and discovery proceedings, and require by subpoena the attend-
ance of witnesses, and production of books and papers, for the taking of 
testimony or evidence by deposition or in the hearing of an appeal by the 
agency board. In case of contumacy or refusal to obey a subpoena by a per-
son who resides, is found, or transacts business within the jurisdiction of 
a United States district court, the court, upon application of the agency 
board through the Attorney General, or upon application by the board of 
contract appeals of the Tennessee Valley Authority, shall have jurisdiction 
to issue the person an order requiring the person to appear before the agen-
cy board or a member of the agency board, to produce evidence or to give 
testimony, or both. Any failure of the person to obey the order of the court 
may be punished by the court as contempt of court. 
(g) DECISIONS.—An agency board shall— 
VerDate Nov 24 2008 
09:09 Feb 24, 2009
Jkt 079200
PO 00000
Frm 00184
Fmt 6652
Sfmt 6221
E:\BILLS\H1107.IH
H1107
cprice-sewell on PROD1PC72 with BILLS
185 
(1) to the fullest extent practicable provide informal, expeditious, and 
inexpensive resolution of disputes; 
(2) issue a decision in writing or take other appropriate action on 
each appeal submitted; and 
(3) mail or otherwise furnish a copy of the decision to the contractor 
and the contracting officer. 
§ 7106. Agency board procedures for accelerated and small 
claims 
(a) ACCELERATED PROCEDURE WHERE $100,000 OR LESS
IN DIS-
PUTE.—The rules of each agency board shall include a procedure for the 
accelerated disposition of any appeal from a decision of a contracting officer 
where the amount in dispute is $100,000 or less. The accelerated procedure 
is applicable at the sole election of the contractor. An appeal under the ac-
celerated procedure shall be resolved, whenever possible, within 180 days 
from the date the contractor elects to use the procedure. 
(b) SMALL CLAIMS PROCEDURE.— 
(1) IN GENERAL.—The rules of each agency board shall include a 
procedure for the expedited disposition of any appeal from a decision 
of a contracting officer where the amount in dispute is $50,000 or less, 
or in the case of a small business concern (as defined in the Small 
Business Act (15 U.S.C. 631 et seq.) and regulations under that Act), 
$150,000 or less. The small claims procedure is applicable at the sole 
election of the contractor. 
(2) SIMPLIFIED RULES OF PROCEDURE.—The small claims proce-
dure shall provide for simplified rules of procedure to facilitate the de-
cision of any appeal. An appeal under the small claims procedure may 
be decided by a single member of the agency board with such concur-
rences as may be provided by rule or regulation. 
(3) TIME OF DECISION.—An appeal under the small claims proce-
dure shall be resolved, whenever possible, within 120 days from the 
date the contractor elects to use the procedure. 
(4) FINALITY OF DECISION.—A decision against the Federal Govern-
ment or against the contractor reached under the small claims proce-
dure is final and conclusive and may not be set aside except in cases 
of fraud. 
(5) NO PRECEDENT.—Administrative determinations and final deci-
sions under this subsection have no value as precedent for future cases 
under this chapter. 
(6) REVIEW OF REQUISITE AMOUNT IN CONTROVERSY.—The Admin-
istrator, from time to time, may review the dollar amount specified in 
VerDate Nov 24 2008 
09:09 Feb 24, 2009
Jkt 079200
PO 00000
Frm 00185
Fmt 6652
Sfmt 6221
E:\BILLS\H1107.IH
H1107
cprice-sewell on PROD1PC72 with BILLS
186 
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 
VerDate Nov 24 2008 
09:09 Feb 24, 2009
Jkt 079200
PO 00000
Frm 00186
Fmt 6652
Sfmt 6221
E:\BILLS\H1107.IH
H1107
cprice-sewell on PROD1PC72 with BILLS
187 
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). 
VerDate Nov 24 2008 
09:09 Feb 24, 2009
Jkt 079200
PO 00000
Frm 00187
Fmt 6652
Sfmt 6221
E:\BILLS\H1107.IH
H1107
cprice-sewell on PROD1PC72 with BILLS