H. R. 1107—146 
(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 mem-
bers 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 perform-
ance of their duties as members of the agency board. 
(d) POSTAL SERVICE BOARD.— 
(1) ESTABLISHMENT.—There is established an agency board 
of contract appeals known as the Postal Service Board of Con-
tract Appeals. 
(2) APPOINTMENT
AND
SERVICE
OF
MEMBERS.—The Postal 
Service Board of Contract Appeals consists of judges appointed 
by the Postmaster General. The judges shall meet the qualifica-
tions 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 Aero-
nautics and Space Administration relative 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 Department of the Army, the Department 
of the Navy, the Department of the Air Force, the National 
Aeronautics and Space Administration, the United States 
Postal Service, the Postal Regulatory 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 decision of a contracting officer of the United States 
Postal Service or the Postal Regulatory Commission rel-
ative to a contract made by either agency. 
(D) OTHER AGENCY BOARDS.—Each other agency board 
has jurisdiction to decide any appeal from a decision of 
a contracting officer 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 contract 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 attendance of witnesses, and production of books 
and papers, for the taking of testimony or evidence by deposition
H. R. 1107—147 
or in the hearing of an appeal by the agency board. In case of 
contumacy or refusal to obey a subpoena by a person 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 agency 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, expedi-
tious, 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 accelerated 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 con-
tractor. 
(2) SIMPLIFIED
RULES
OF
PROCEDURE.—The small claims 
procedure shall provide for simplified rules of procedure to 
facilitate the decision of any appeal. An appeal under the 
small claims procedure may be decided by a single member 
of the agency board with such concurrences as may be provided 
by rule or regulation. 
(3) TIME OF DECISION.—An appeal under the small claims 
procedure 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 
Government or against the contractor reached under the small 
claims procedure is final and conclusive and may not be set 
aside except in cases of fraud. 
(5) NO PRECEDENT.—Administrative determinations and final 
decisions under this subsection have no value as precedent 
for future cases under this chapter. 
(6) REVIEW OF REQUISITE AMOUNTS IN CONTROVERSY.—The 
Administrator, from time to time, may review the dollar 
amounts specified in paragraph (1) and adjust the amounts
H. R. 1107—148 
in accordance with economic indexes selected by the Adminis-
trator. 
§ 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 receives a copy of 
the decision. 
(2) TENNESSEE VALLEY AUTHORITY.—Notwithstanding para-
graph (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 district 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 deci-
sion 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, regula-
tion, 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 Govern-
ment 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 action 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 con-
tract are filed in the United States Court of Federal Claims and 
one or more agency boards, for the convenience of parties or wit-
nesses or in the interest of justice, the United States Court of
H. R. 1107—149 
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, counterclaims, 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 judg-
ment 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 contracting officer appealable under this chapter. 
(3) REFERRAL TO AGENCY BOARD WITH JURISDICTION.—A dis-
trict court shall direct a request under paragraph (1) to the 
agency board having jurisdiction under this chapter to adju-
dicate appeals of contract claims under the contract being inter-
preted by the court. 
(4) TIMELY
RESPONSE.—After receiving a request for an 
advisory opinion under paragraph (1), an agency board shall 
provide the advisory opinion in a timely manner to the district 
court making the request. 
§ 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 procedures 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 contained 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 reimbursement. 
(d) TENNESSEE VALLEY AUTHORITY.— 
(1) JUDGMENTS.—Notwithstanding subsections (a) to (c), any 
judgment 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 board of contract 
appeals of the Tennessee 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)). 
§ 7109. Interest 
(a) PERIOD.— 
(1) IN GENERAL.—Interest on an amount found due a con-
tractor on a claim shall be paid to the contractor for the