155 
(5) APPLICABILITY.—The authority of this subsection and sub-
sections (c)(1), (d), and (e) does not extend to a claim or dispute for 
penalties or forfeitures prescribed by statute or regulation that another 
Federal agency is specifically authorized to administer, settle, or deter-
mine. 
(b) CERTIFICATION OF CLAIMS.— 
(1) REQUIREMENT GENERALLY.—For claims of more than $100,000 
made by a contractor, the contractor shall certify that— 
(A) the claim is made in good faith; 
(B) the supporting data are accurate and complete to the best 
of the contractor’s knowledge and belief; 
(C) the amount requested accurately reflects the contract ad-
justment for which the contractor believes the Federal Government 
is liable; and 
(D) the certifier is authorized to certify the claim on behalf of 
the contractor. 
(2) WHO MAY EXECUTE CERTIFICATION.—The certification required 
by paragraph (1) may be executed by an individual authorized to bind 
the contractor with respect to the claim. 
(3) FAILURE TO CERTIFY OR DEFECTIVE CERTIFICATION.—A con-
tracting officer is not obligated to render a final decision on a claim 
of more than $100,000 that is not certified in accordance with para-
graph (1) if, within 60 days after receipt of the claim, the contracting 
officer notifies the contractor in writing of the reasons why any at-
tempted certification was found to be defective. A defect in the certifi-
cation of a claim does not deprive a court or an agency board of juris-
diction over the claim. Prior to the entry of a final judgment by a court 
or a decision by an agency board, the court or agency board shall re-
quire a defective certification to be corrected. 
(c) FRAUDULENT CLAIMS.— 
(1) NO AUTHORITY TO SETTLE.—This section does not authorize an 
agency head to settle, compromise, pay, or otherwise adjust any claim 
involving fraud. 
(2) LIABILITY OF CONTRACTOR.—If a contractor is unable to sup-
port any part of the contractor’s claim and it is determined that the 
inability is attributable to a misrepresentation of fact or fraud by the 
contractor, then the contractor is liable to the Federal Government for 
an amount equal to the unsupported part of the claim plus all of the 
Federal Government’s costs attributable to reviewing the unsupported 
part of the claim. Liability under this paragraph shall be determined 
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156 
within 6 years of the commission of the misrepresentation of fact or 
fraud. 
(d) ISSUANCE OF DECISION.—The contracting officer shall issue a deci-
sion in writing and shall mail or otherwise furnish a copy of the decision 
to the contractor. 
(e) CONTENTS OF DECISION.—The contracting officer’s decision shall 
state the reasons for the decision reached and shall inform the contractor 
of the contractor’s rights as provided in this chapter. Specific findings of 
fact are not required. If made, specific findings of fact are not binding in 
any subsequent proceeding. 
(f) TIME FOR ISSUANCE OF DECISION.— 
(1) CLAIM OF $100,000 OR LESS.—A contracting officer shall issue a 
decision on any submitted claim of $100,000 or less within 60 days 
from the contracting officer’s receipt of a written request from the con-
tractor that a decision be rendered within that period. 
(2) CLAIM OF MORE THAN $100,000.—A contracting officer shall, 
within 60 days of receipt of a submitted certified claim over 
$100,000— 
(A) issue a decision; or 
(B) notify the contractor of the time within which a decision will 
be issued. 
(3) GENERAL REQUIREMENT OF REASONABLENESS.—The decision of 
a contracting officer on submitted claims shall be issued within a rea-
sonable time, in accordance with regulations prescribed by the agency, 
taking into account such factors as the size and complexity of the claim 
and the adequacy of information in support of the claim provided by 
the contractor. 
(4) REQUESTING TRIBUNAL TO DIRECT ISSUANCE WITHIN SPECIFIED 
TIME PERIOD.—A contractor may request the tribunal concerned to di-
rect a contracting officer to issue a decision in a specified period of 
time, as determined by the tribunal concerned, in the event of undue 
delay on the part of the contracting officer. 
(5) FAILURE TO ISSUE DECISION WITHIN REQUIRED TIME PERIOD.— 
Failure by a contracting officer to issue a decision on a claim within 
the required time period is deemed to be a decision by the contracting 
officer denying the claim and authorizes an appeal or action on the 
claim as otherwise provided in this chapter. However, the tribunal con-
cerned may, at its option, stay the proceedings of the appeal or action 
to obtain a decision by the contracting officer. 
(g) FINALITY OF DECISION UNLESS APPEALED.—The contracting offi-
cer’s decision on a claim is final and conclusive and is not subject to review 
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157 
by any forum, tribunal, or Federal Government agency, unless an appeal or 
action is timely commenced as authorized by this chapter. This chapter does 
not prohibit an executive agency from including a clause in a Federal Gov-
ernment contract requiring that, pending final decision of an appeal, action, 
or final settlement, a contractor shall proceed diligently with performance 
of the contract in accordance with the contracting officer’s decision. 
(h) ALTERNATIVE MEANS OF DISPUTE RESOLUTION.— 
(1) IN GENERAL.—Notwithstanding any other provision of this chap-
ter, a contractor and a contracting officer may use any alternative 
means of dispute resolution under subchapter IV of chapter 5 of title 
5, or other mutually agreeable procedures, for resolving claims. All pro-
visions 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 resolution pro-
ceedings 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 proce-
dures are inappropriate. 
(B) CONTRACTOR.—A contractor that rejects an agency’s re-
quest for alternative dispute resolution proceedings shall inform 
the agency in writing of the contractor’s specific reasons for re-
jecting the request. 
§ 6904. 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 6903 of this 
title, may appeal the decision to an agency board as provided in section 
6905 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 6903 
of this title to an agency board, a contractor may bring an action di-
rectly on the claim in the United States Court of Federal Claims, not-
withstanding any contract provision, regulation, or rule of law to the 
contrary. 
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158 
(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, notwithstanding any contract pro-
vision, 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 6903 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. 
§ 6905. Agency boards 
(a) ESTABLISHMENT.— 
(1) IN GENERAL.—Except as provided in paragraph (2), an agency 
board of contract appeals may be established within an executive agen-
cy when the agency head, after consultation with the Administrator, de-
termines from a workload study that the volume of contract claims jus-
tifies the establishment of a full-time agency board of at least 3 mem-
bers who shall have no other inconsistent duties. Workload studies will 
be updated at least once every 3 years and submitted to the Adminis-
trator. 
(2) TENNESSEE VALLEY AUTHORITY.—The Board of Directors of 
the Tennessee Valley Authority may establish an agency board of con-
tract appeals for the Authority of an indeterminate number of mem-
bers. 
(3) GUIDELINES.—The Administrator, pursuant to the authority 
conferred under part B of subtitle I of this title and as necessary or 
desirable to carry out this chapter, shall issue guidelines with respect 
to the establishment, functions, and procedures of agency boards, ex-
cept for the agency board established by the Tennessee Valley Author-
ity. 
(b) APPOINTMENT OF MEMBERS AND COMPENSATION.— 
(1) IN GENERAL.—Except as provided in paragraph (2), members of 
an agency 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 of an agency 
board must have had at least 5 years of experience in public contract 
law. A chairman and vice chairman of each agency board shall be des-
ignated by the agency head from among the appointed members. Com-
pensation for the chairman, vice chairman, and other members shall be 
determined under section 5372a of title 5. 
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