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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. 
(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.— 
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(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. 
(2) TENNESSEE VALLEY AUTHORITY.—The Board of Directors of 
the Tennessee Valley Authority shall establish criteria for the appoint-
ment of members to the agency board established under subsection 
(a)(2), and shall designate a chairman of the agency board. The chair-
man and other members of the agency board shall receive compensa-
tion, 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. 
(c) INTER-AGENCY ARRANGEMENTS.—If the volume of contract claims is 
not sufficient to justify an agency board under subsection (a), or if an agen-
cy head otherwise considers it appropriate, the agency head shall arrange 
for appeals from decisions by contracting officers of the agency to be de-
cided by the agency board of another executive agency. If an agency head 
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is unable to make such an arrangement, the agency head shall submit any 
appeals to the Administrator for placement with an agency board. This sub-
section does not apply to the Tennessee Valley Authority. 
(d) JURISDICTION.— 
(1) IN GENERAL.—Each agency board has jurisdiction to decide any 
appeal from the decision of a contracting officer, relative to a contract 
made by— 
(A) the agency board’s own agency; or 
(B) another agency, if the other agency or the Administrator 
designates the agency board to decide the appeal pursuant to sub-
section (c). 
(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. 
(e) SUBPOENA, DISCOVERY, AND DEPOSITION.—A member of an agency 
board may administer oaths to witnesses, authorize depositions and dis-
covery proceedings, and require by subpoena the attendance 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 person who resides, is 
found, or transacts business within the jurisdiction of a United States dis-
trict court, the court, upon application of the agency board through the At-
torney General, or upon application by the agency board of the Tennessee 
Valley Authority, shall have jurisdiction to issue the person an order requir-
ing 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 con-
tempt of court. 
(f) 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 
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 
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is applicable at the sole election of the contractor. An appeal under the ac-
celerated procedure shall be resolved, whenever possible, within 180 days 
from the date the contractor elects to use the procedure. 
(b) SMALL CLAIMS PROCEDURE WHERE $50,000 OR LESS
IN DIS-
PUTE.— 
(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. 
The small claims procedure is applicable at the sole election of the con-
tractor. 
(2) SIMPLIFIED RULES OF PROCEDURE.—The small claims proce-
dure shall provide for simplified rules of procedure to facilitate the de-
cision of any appeal. An appeal under the small claims procedure may 
be decided by a single member of the agency board with such concur-
rences as may be provided by rule or regulation. 
(3) TIME OF DECISION.—An appeal under the small claims proce-
dure 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 Govern-
ment or against the contractor reached under the small claims proce-
dure is final and conclusive and may not be set aside except in cases 
of fraud. 
(5) NO PRECEDENT.—Administrative determinations and final deci-
sions under this subsection have no value as precedent for future cases 
under this chapter. 
(6) REVIEW OF REQUISITE AMOUNT IN CONTROVERSY.—The Admin-
istrator, from time to time, may review the dollar amount specified in 
paragraph (1) and adjust the amount in accordance with economic in-
dexes selected by the Administrator. 
§ 6907. 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 
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