160 
(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. 
(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) ARMED SERVICES BOARD.— 
(1) ESTABLISHMENT.—An Armed Services Board of Contract Ap-
peals may be established within the Department of Defense when the 
Secretary of Defense, after consultation with the Administrator, deter-
mines from a workload study that the volume of contract claims justi-
fies 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 Adminis-
trator. 
(2) APPOINTMENT OF MEMBERS AND COMPENSATION.—Members 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 
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have had at least 5 years of experience in public contract law. The Sec-
retary of Defense shall designate the chairman and vice chairman of 
the Armed Services Board from among the appointed members. Com-
pensation 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 ap-
pointed by the Administrator of General Services (in consultation 
with the Administrator) 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 establishing and maintaining a reg-
ister 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 re-
sponsibilities of a Civilian Board member. 
(B) APPOINTMENT OF MEMBERS AND COMPENSATION.—Mem-
bers of the Civilian Board shall be selected and appointed to serve 
in the same manner as administrative law judges appointed pursu-
ant to section 3105 of title 5, with an additional requirement that 
members must have had at least 5 years experience in public con-
tract law. Compensation for the members shall be determined 
under section 5372a of title 5. 
(C) INDIVIDUALS WHO SHALL SERVE AS BOARD MEMBERS.— 
Notwithstanding subparagraph (B), any full-time member of an 
agency board of contract appeals, other than the Armed Services 
Board, the Postal Service Board of Contract Appeals, and the 
board of contract appeals of the Tennessee Valley Authority, serv-
ing in that capacity on January 5, 2007, shall serve as Civilian 
Board members. 
(3) REMOVAL.—Members of the Civilian Board are subject to re-
moval 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 pro-
vided by subsection (e)(1)(B). 
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162 
(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 dis-
putes over which an agency board of contract appeals estab-
lished pursuant to section 8 of the Contract Disputes Act ex-
ercised 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 Ten-
nessee Valley Authority of an indeterminate number of members. 
(2) APPOINTMENT OF MEMBERS AND COMPENSATION.—The Board 
of Directors of the Tennessee Valley Authority shall establish criteria 
for the appointment of members to the agency board established under 
paragraph (1), and shall designate a chairman of the agency board. 
The chairman and other members of the agency board shall receive 
compensation, at the daily equivalent of the rates determined under 
section 5372a of title 5, for each day they are engaged in the actual 
performance of their duties as members of the agency board. 
(d) POSTAL SERVICE BOARD.— 
(1) ESTABLISHMENT.—There is established an agency board of con-
tract appeals known as the Postal Service Board of Contract Appeals. 
(2) APPOINTMENT AND SERVICE OF MEMBERS.—The Postal Service 
Board of Contract Appeals consists of judges appointed by the Post-
master General. The judges shall meet the qualifications of and serve 
in the same manner as members of the Civilian Board. 
(3) APPLICATION.—This chapter applies to contract disputes before 
the Postal Service Board of Contract Appeals in the same manner as 
it applies to contract disputes before the Civilian Board. 
(e) JURISDICTION.— 
(1) IN GENERAL.— 
(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-
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163 
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— 
(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. 
§ 6906. 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 
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