164 
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 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.— 
(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 contractor. 
(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 
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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 re-
ceives a copy of the decision. 
(2) TENNESSEE VALLEY AUTHORITY.—Notwithstanding paragraph 
(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 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-
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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 
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 board of contract appeals 
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of the Tennessee Valley Authority shall be paid in accordance with sec-
tion 9(b) of the Tennessee Valley Authority Act of 1933 (16 U.S.C. 
831h(b)). 
§ 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). 
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