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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 agency board 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 
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 
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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. 
§ 6908. 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). 
(c) REIMBURSEMENT.—Payments made pursuant to subsections (a) and 
(b) shall be reimbursed to the fund provided by section 1304 of title 31 by 
the agency whose appropriations were used for the contract out of available 
amounts or by obtaining additional appropriations for purposes of reim-
bursement. 
(d) TENNESSEE VALLEY AUTHORITY.— 
(1) JUDGMENTS.—Notwithstanding subsections (a) to (c), any judg-
ment against the Tennessee Valley Authority on a claim under this 
chapter shall be paid promptly in accordance with section 9(b) of the 
Tennessee Valley Authority Act of 1933 (16 U.S.C. 831h(b)). 
(2) MONETARY AWARDS.—Notwithstanding subsections (a) to (c), 
any monetary award to a contractor by the agency board of the Ten-
nessee Valley Authority shall be paid in accordance with section 9(b) 
of the Tennessee Valley Authority Act of 1933 (16 U.S.C. 831h(b)). 
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§ 6909. Interest 
(a) PERIOD.— 
(1) IN GENERAL.—Interest on an amount found due a contractor on 
a claim shall be paid to the contractor for the period beginning with 
the date the contracting officer receives the contractor’s claim, pursu-
ant to section 6903(a) of this title, until the date of payment of the 
claim. 
(2) DEFECTIVE CERTIFICATION.—On a claim for which the certifi-
cation under section 6903(b)(1) of this title is found to be defective, 
any interest due under this section shall be paid for the period begin-
ning with the date the contracting officer initially receives the contrac-
tor’s claim until the date of payment of the claim. 
(b) RATE.—Interest shall accrue and be paid at a rate which the Sec-
retary of the Treasury shall specify as applicable for each successive 6- 
month period. The rate shall be determined by the Secretary of the Treas-
ury taking into consideration current private commercial rates of interest 
for new loans maturing in approximately 5 years. 
Subtitle III—Miscellaneous 
Chapter 
Sec. 
81. Drug-Free Workplace ..............................................................................
8101 
83. Buy American .............................................................................................
8301 
85. Committee for Purchase From People Who Are Blind or Se-
verely Disabled.
8501 
87. Kickbacks .....................................................................................................
8701 
CHAPTER 81—DRUG-FREE WORKPLACE 
Sec. 
8101.
Definitions and construction. 
8102.
Drug-free workplace requirements for Federal contractors. 
8103.
Drug-free workplace requirements for Federal grant recipients. 
8104.
Employee sanctions and remedies. 
8105.
Waiver. 
8106.
Regulations. 
§ 8101. Definitions and construction 
(a) DEFINITIONS.—In this chapter: 
(1) CONTRACTOR.—The term ‘‘contractor’’ means the department, 
division, or other unit of a person responsible for the performance 
under the contract. 
(2) CONTROLLED
SUBSTANCE.—The term ‘‘controlled substance’’ 
means a controlled substance in schedules I through V of section 202 
of the Comprehensive Drug Abuse Prevention and Control Act of 1970 
(21 U.S.C. 812). 
(3) CONVICTION.—The term ‘‘conviction’’ means a finding of guilt 
(including a plea of nolo contendere), an imposition of sentence, or 
both, by a judicial body charged with the responsibility to determine 
violations of Federal or State criminal drug statutes. 
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(4) CRIMINAL DRUG STATUTE.—The term ‘‘criminal drug statute’’ 
means a criminal statute involving manufacture, distribution, dispensa-
tion, use, or possession of a controlled substance. 
(5) DRUG-FREE
WORKPLACE.—The term ‘‘drug-free workplace’’ 
means a site of an entity— 
(A) for the performance of work done in connection with a spe-
cific contract or grant described in section 8102 or 8103 of this 
title; and 
(B) at which employees of the entity are prohibited from engag-
ing in the unlawful manufacture, distribution, dispensation, pos-
session, or use of a controlled substance in accordance with the 
requirements of the Anti-Drug Abuse Act of 1988 (Public Law 
100–690, 102 Stat. 4181). 
(6) EMPLOYEE.—The term ‘‘employee’’ means the employee of a 
contractor or grantee directly engaged in the performance of work pur-
suant to the contract or grant described in section 8102 or 8103 of 
this title. 
(7) FEDERAL AGENCY.—The term ‘‘Federal agency’’ means an agen-
cy as defined in section 552(f) of title 5. 
(8) GRANTEE.—The term ‘‘grantee’’ means the department, division, 
or other unit of a person responsible for the performance under the 
grant. 
(b) CONSTRUCTION.—This chapter does not require law enforcement 
agencies to comply with this chapter if the head of the agency determines 
it would be inappropriate in connection with the agency’s undercover oper-
ations. 
§ 8102. Drug-free workplace requirements for Federal con-
tractors 
(a) IN GENERAL.— 
(1) PERSONS OTHER THAN INDIVIDUALS.—A person other than an 
individual shall not be considered a responsible source (as defined in 
section 113 of this title) for the purposes of being awarded a contract 
for the procurement of any property or services of a value greater than 
the simplified acquisition threshold (as defined in section 134 of this 
title) by a Federal agency, other than a contract for the procurement 
of commercial items (as defined in section 103 of this title), unless the 
person agrees to provide a drug-free workplace by— 
(A) publishing a statement notifying employees that the unlaw-
ful manufacture, distribution, dispensation, possession, or use of 
a controlled substance is prohibited in the person’s workplace and 
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