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(B) includes an authorized representative of the contracting of-
ficer, acting within the limits of the representative’s authority. 
(5) CONTRACTOR.—The term ‘‘contractor’’ means a party to a Fed-
eral Government contract other than the Federal Government. 
(6) EXECUTIVE AGENCY.—The term ‘‘executive agency’’ means— 
(A) an executive department as defined in section 101 of title 
5; 
(B) a military department as defined in section 102 of title 5; 
(C) an independent establishment as defined in section 104 of 
title 5, except that the term does not include the Government Ac-
countability Office; 
(D) a wholly owned Government corporation as defined in sec-
tion 9101(3) of title 31; 
(E) the United States Postal Service; and 
(F) the Postal Rate Commission. 
(7) MISREPRESENTATION OF FACT.—The term ‘‘misrepresentation 
of fact’’ means a false statement of substantive fact, or conduct that 
leads to a belief of a substantive fact material to proper understanding 
of the matter in hand, made with intent to deceive or mislead. 
§ 6902. Applicability of chapter 
(a) EXECUTIVE AGENCY CONTRACTS.—Unless otherwise specifically pro-
vided in this chapter, this chapter applies to any express or implied contract 
(including those of the nonappropriated fund activities described in sections 
1346 and 1491 of title 28) made by an executive agency for— 
(1) the procurement of property, other than real property in being; 
(2) the procurement of services; 
(3) the procurement of construction, alteration, repair, or mainte-
nance of real property; or 
(4) the disposal of personal property. 
(b) TENNESSEE VALLEY AUTHORITY CONTRACTS.— 
(1) IN GENERAL.—With respect to contracts of the Tennessee Valley 
Authority, this chapter applies only to contracts containing a clause 
that requires contract disputes to be resolved through an agency ad-
ministrative process. 
(2) EXCLUSION.—Notwithstanding any other provision of this chap-
ter, this chapter does not apply to a contract of the Tennessee Valley 
Authority for the sale of fertilizer or electric power or related to the 
conduct or operation of the electric power system. 
(c) FOREIGN GOVERNMENT
OR INTERNATIONAL ORGANIZATION CON-
TRACTS.—If an agency head determines that applying this chapter would 
not be in the public interest, this chapter does not apply to a contract with 
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a foreign government, an agency of a foreign government, an international 
organization, or a subsidiary body of an international organization. 
(d) MARITIME CONTRACTS.—Appeals under section 6907(a) of this title 
and actions brought under sections 6904(b) and 6907(b)–(f) of this title, 
arising out of maritime contracts, are governed by the Act of March 9, 1920 
(known as the Suits in Admiralty Act) (46 App. U.S.C. 741 et seq.), or the 
Act of March 3, 1925 (known as the Public Vessels Act) (46 App. U.S.C. 
781 et seq.), as applicable, to the extent that those Acts are not inconsistent 
with this chapter. 
§ 6903. Decision by contracting officer 
(a) CLAIMS GENERALLY.— 
(1) SUBMISSION OF CONTRACTOR’S CLAIMS TO CONTRACTING OFFI-
CER.—Each claim by a contractor against the Federal Government re-
lating to a contract shall be submitted to the contracting officer for a 
decision. 
(2) CONTRACTOR’S CLAIMS IN WRITING.—Each claim by a contractor 
against the Federal Government relating to a contract shall be in writ-
ing. 
(3) CONTRACTING OFFICER TO DECIDE FEDERAL GOVERNMENT’S 
CLAIMS.—Each claim by the Federal Government against a contractor 
relating to a contract shall be the subject of a decision by the con-
tracting officer. 
(4) TIME FOR SUBMITTING CLAIMS.— 
(A) IN GENERAL.—Each claim by a contractor against the Fed-
eral Government relating to a contract and each claim by the Fed-
eral Government against a contractor relating to a contract shall 
be submitted within 6 years after the accrual of the claim. 
(B) EXCEPTION.—This paragraph does not apply to a claim by 
the Federal Government against a contractor that is based on a 
claim by the contractor involving fraud. 
(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; 
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(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 
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.— 
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(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 
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-
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