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41 U.S.C. § 7103 — Decision by contracting officer
Federal law — U.S. Code and appendices · legal_authorities
**(a) Claims Generally.—**
(1) **Submission of contractor’s claims to contracting officer.—** — Each claim by a contractor against the Federal Government relating to a contract shall be submitted to the contracting officer for a decision.
(2) **Contractor’s claims in writing.—** — Each claim by a contractor against the Federal Government relating to a contract shall be in writing.
(3) **Contracting officer to decide federal government’s claims.—** — Each claim by the Federal Government against a contractor relating to a contract shall be the subject of a written decision by the contracting officer.
(4) **Time for submitting claims.—**
(A) *In general.—* — Each claim by a contractor against the Federal Government relating to a contract and each claim by the Federal Government against a contractor relating to a contract shall be submitted within 6 years after the accrual of the claim.
(B) *Exception.—* — Subparagraph (A) of this paragraph does not apply to a claim by the Federal Government against a contractor that is based on a claim by the contractor involving fraud.
(5) **Applicability.—** — The authority of this subsection and subsections (c)(1), (d), and (e) does not extend to a claim or dispute for penalties or forfeitures prescribed by statute or regulation that another Federal agency is specifically authorized to administer, settle, or determine.
**(b) Certification of Claims.—**
(1) **Requirement generally.—** — For claims of more than $100,000 made by a contractor, the contractor shall certify that—
(A) the claim is made in good faith;
(B) the supporting data are accurate and complete to the best of the contractor’s knowledge and belief;
(C) the amount requested accurately reflects the contract adjustment for which the contractor believes t
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Source file: Laws/federal/codes/united-states-code/title-41/section-7103-decision-by-contracting-officer--926b05a732.md
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Source location: Title 41, Chapter 71, § 7103; chapter-071-contract-disputes.md
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**(a) Claims Generally.—**
(1) **Submission of contractor’s claims to contracting officer.—** — Each claim by a contractor against the Federal Government relating to a contract shall be submitted to the contracting officer for a decision.
(2) **Contractor’s claims in writing.—** — Each claim by a contractor against the Federal Government relating to a contract shall be in writing.
(3) **Contracting officer to decide federal government’s claims.—** — Each claim by the Federal Government against a contractor relating to a contract shall be the subject of a written decision by the contracting officer.
(4) **Time for submitting claims.—**
(A) *In general.—* — Each claim by a contractor against the Federal Government relating to a contract and each claim by the Federal Government against a contractor relating to a contract shall be submitted within 6 years after the accrual of the claim.
(B) *Exception.—* — Subparagraph (A) of this paragraph does not apply to a claim by the Federal Government against a contractor that is based on a claim by the contractor involving fraud.
(5) **Applicability.—** — The authority of this subsection and subsections (c)(1), (d), and (e) does not extend to a claim or dispute for penalties or forfeitures prescribed by statute or regulation that another Federal agency is specifically authorized to administer, settle, or determine.
**(b) Certification of Claims.—**
(1) **Requirement generally.—** — For claims of more than $100,000 made by a contractor, the contractor shall certify that—
(A) the claim is made in good faith;
(B) the supporting data are accurate and complete to the best of the contractor’s knowledge and belief;
(C) the amount requested accurately reflects the contract adjustment for which the contractor believes the Federal Government is liable; and
(D) the certifier is authorized to certify the claim on behalf of the contractor.
(2) **Who may execute certification.—** — The certification required by paragraph (1) may be executed by an individual authorized to bind the contractor with respect to the claim.
(3) **Failure to certify or defective certification.—** — A contracting officer is not obligated to render a final decision on a claim of more than $100,000 that is not certified in accordance with paragraph (1) if, within 60 days after receipt of the claim, the contracting officer notifies the contractor in writing of the reasons why any attempted certification was found to be defective. A defect in the certification of a claim does not deprive a court or an agency board of jurisdiction over the claim. Prior to the entry of a final judgment by a court or a decision by an agency board, the court or agency board shall require a defective certification to be corrected.
**(c) Fraudulent Claims.—**
(1) **No authority to settle.—** — This section does not authorize an agency head to settle, compromise, pay, or otherwise adjust any claim involving fraud.
(2) **Liability of contractor.—** — If a contractor is unable to support any part of the contractor’s claim and it is determined that the inability is attributable to a misrepresentation of fact or fraud by the contractor, then the contractor is liable to the Federal Government for an amount equal to the unsupported part of the claim plus all of the Federal Government’s costs attributable to reviewing the unsupported part of the claim. Liability under this paragraph shall be determined within 6 years of the commission of the misrepresentation of fact or fraud.
**(d) Issuance of Decision.—** The contracting officer shall issue a decision in writing and shall mail or otherwise furnish a copy of the decision to the contractor.
**(e) Contents of Decision.—** The contracting officer’s decision shall state the reasons for the decision reached and shall inform the contractor of the contractor’s rights as provided in this chapter. Specific findings of fact are not required. If made, specific findings of fact are not binding in any subsequent proceeding.
**(f) Time for Issuance of Decision.—**
(1) **Claim of $100,000 or less.—** — A contracting officer shall issue a decision on any submitted claim of $100,000 or less within 60 days from the contracting officer’s receipt of a written request from the contractor that a decision be rendered within that period.
(2) **Claim of more than $100,000.—** — A contracting officer shall, within 60 days of receipt of a submitted certified claim over $100,000—
(A) issue a decision; or
(B) notify the contractor of the time within which a decision will be issued.
(3) **General requirement of reasonableness.—** — The decision of a contracting officer on submitted claims shall be issued within a reasonable time, in accordance with regulations prescribed by the agency, taking into account such factors as the size and complexity of the claim and the adequacy of information in support of the claim provided by the contractor.
(4) **Requesting tribunal to direct issuance within specified time period.—** — A contractor may request the tribunal concerned to direct a contracting officer to issue a decision in a specified period of time, as determined by the tribunal concerned, in the event of undue delay on the part of the contracting officer.
(5) **Failure to issue decision within required time period.—** — Failure by a contracting officer to issue a decision on a claim within the required time period is deemed to be a decision by the contracting officer denying the claim and authorizes an appeal or action on the claim as otherwise provided in this chapter. However, the tribunal concerned may, at its option, stay the proceedings of the appeal or action to obtain a decision by the contracting officer.
**(g) Finality of Decision Unless Appealed.—** The contracting officer’s decision on a claim is final and conclusive and is not subject to review by any forum, tribunal, or Federal Government agency, unless an appeal or action is timely commenced as authorized by this chapter. This chapter does not prohibit an executive agency from including a clause in a Federal Government contract requiring that, pending final decision of an appeal, action, or final settlement, a contractor shall proceed diligently with performance of the contract in accordance with the contracting officer’s decision.
**(h) Alternative Means of Dispute Resolution.—**
(1) **In general.—** — Notwithstanding any other provision of this chapter, a contractor and a contracting officer may use any alternative means of dispute resolution under subchapter IV of chapter 5 of title 5, or other mutually agreeable procedures, for resolving claims. All provisions 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 resolution.—**
(A) *Contracting officer.—* — A contracting officer who rejects a contractor’s request for alternative dispute resolution proceedings shall provide the contractor with a written explanation, citing one or more of the conditions in [section 572(b) of title 5](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title5-section572/b&num=0&edition=prelim) or other specific reasons that alternative dispute resolution procedures are inappropriate.
(B) *Contractor.—* — A contractor that rejects an agency’s request for alternative dispute resolution proceedings shall inform the agency in writing of the contractor’s specific reasons for rejecting the request.
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Federal law — U.S. Code and appendices · legal_authorities
**(a) Indirect Cost That Violates a FAR Cost Principle.—** The head of an agency shall require that a covered contract provide that if the contractor submits to the agency a proposal for settlement of indirect costs incurred by the contractor for any period after such costs have been accrued and if that proposal includes the submission of a cost which is unallowable because the cost violates a cost principle in the Federal Acquisition Regulation or applicable agency supplement to the Federal Acquisition Regulation, the cost shall be disallowed.
**(b) Penalty for Violation of Cost Principle.—**
(1) If the head of the agency determines that a cost submitted by a contractor in its proposal for settlement is expressly unallowable under a cost principle referred to in subsection (a) that defines the allowability of specific selected costs, the head of the agency shall assess a penalty against the contractor in an amount equal to—
(A) the amount of the disallowed cost allocated to covered contracts for which a proposal for settlement of indirect costs has been submitted; plus
(B) interest (to be computed based on provisions in the Federal Acquisition Regulation) to compensate the United States for the use of any funds which a contractor has been paid in excess of the amount to which the contractor was entitled.
(2) **Cost determined to be unallowable before proposal submitted.—** — If the head of the agency determines that a proposal for settlement of indirect costs submitted by a contractor includes a cost determined to be unallowable in the case of such contractor before the submission of such proposal, the head of the agency shall assess a penalty against the contractor in an amount equal to two times the amount of the disallowed cost allocated to covered contract
Source: Supplied U.S. Code snapshot — release unconfirmed · 10 U.S.C. § 3743
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Federal law — U.S. Code and appendices · legal_authorities
**(a)**
(1) The United States Court of Federal Claims shall have jurisdiction to render judgment upon any claim against the United States founded either upon the Constitution, or any Act of Congress or any regulation of an executive department, or upon any express or implied contract with the United States, or for liquidated or unliquidated damages in cases not sounding in tort. For the purpose of this paragraph, an express or implied contract with the Army and Air Force Exchange Service, Navy Exchanges, Marine Corps Exchanges, Coast Guard Exchanges, or Exchange Councils of the National Aeronautics and Space Administration shall be considered an express or implied contract with the United States.
(2) To provide an entire remedy and to complete the relief afforded by the judgment, the court may, as an incident of and collateral to any such judgment, issue orders directing restoration to office or position, placement in appropriate duty or retirement status, and correction of applicable records, and such orders may be issued to any appropriate official of the United States. In any case within its jurisdiction, the court shall have the power to remand appropriate matters to any administrative or executive body or official with such direction as it may deem proper and just. The Court of Federal Claims shall have jurisdiction to render judgment upon any claim by or against, or dispute with, a contractor arising under [section 7104(b)(1) of title 41](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title41-section7104/b/1&num=0&edition=prelim), including a dispute concerning termination of a contract, rights in tangible or intangible property, compliance with cost accounting standards, and other nonmonetary disputes on which a decision of the contracting officer
Source: Supplied U.S. Code snapshot — release unconfirmed · 28 U.S.C. § 1491
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Federal law — U.S. Code and appendices · legal_authorities
**(a) Identification of Susceptible Programs and Activities.—**
(1) **In general.—** — The head of each executive agency shall, in accordance with guidance prescribed by the Director of the Office of Management and Budget—
(A) periodically review all programs and activities that the head of the executive agency administers; and
(B) identify all programs and activities with outlays exceeding the statutory threshold dollar amount described in paragraph (3)(A)(i) that may be susceptible to significant improper payments.
(2) **Frequency.—** — A review under paragraph (1) shall be performed for each program and activity that the head of an executive agency administers not less frequently than once every 3 fiscal years.
(3) **Risk assessments.—**
(A) *Definition of significant.—* — In this paragraph, the term “significant” means that, in the preceding fiscal year, the sum of a program or activity’s improper payments and payments whose propriety cannot be determined by the executive agency due to lacking or insufficient documentation may have exceeded—
(i) $10,000,000 of all reported program or activity payments of the executive agency made during that fiscal year and 1.5 percent of program outlays; or
(ii) $100,000,000.
(B) *Scope.—* — In conducting a review under paragraph (1), the head of each executive agency shall take into account those risk factors that are likely to contribute to a susceptibility to significant improper payments, such as—
(i) whether the program or activity reviewed is new to the executive agency;
(ii) the complexity of the program or activity reviewed;
(iii) the volume of payments made through the program or activity reviewed;
(iv) whether payments or payment eligibility decisions are made outside of the ex
Source: Supplied U.S. Code snapshot — release unconfirmed · 31 U.S.C. § 3352
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Federal law — U.S. Code and appendices · legal_authorities
**(a)** A claim for an interest penalty not paid under this chapter may be filed under [section 7103 of title 41](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title41-section7103&num=0&edition=prelim).
**(b)**
(1) An interest penalty under this chapter does not continue to accrue—
(A) after a claim for a penalty is filed under chapter 71 of title 41; or
(B) for more than one year.
(2) Paragraph (1) of this subsection does not prevent an interest penalty from accruing under section 7109(a)(1) and (b) of title 41 after a penalty stops accruing under this chapter. A penalty accruing under section 7109(a)(1) and (b) may accrue on an unpaid contract payment and on the unpaid penalty under this chapter.
**(c)** Except as provided in [section 3904 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title31-section3904&num=0&edition=prelim), this chapter does not require an interest penalty on a payment that is not made because of a dispute between the head of an agency and a business concern over the amount of payment or compliance with the contract. A claim related to the dispute, and interest payable for the period during which the dispute is being resolved, is subject to chapter 71 of title 41.
Source: Supplied U.S. Code snapshot — release unconfirmed · 31 U.S.C. § 3907
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Federal law — U.S. Code and appendices · legal_authorities
**(a) Indirect Cost That Violates Federal Acquisition Regulation Cost Principle.—** An executive agency shall require that a covered contract provide that if the contractor submits to the executive agency a proposal for settlement of indirect costs incurred by the contractor for any period after those costs have been accrued and if that proposal includes the submission of a cost that is unallowable because the cost violates a cost principle in the Federal Acquisition Regulation or an executive agency supplement to the Federal Acquisition Regulation, the cost shall be disallowed.
**(b) Penalty for Violation of Cost Principle.—**
(1) **Unallowable cost in proposal.—** — If the executive agency determines that a cost submitted by a contractor in its proposal for settlement is expressly unallowable under a cost principle referred to in subsection (a) that defines the allowability of specific selected costs, the executive agency shall assess a penalty against the contractor in an amount equal to—
(A) the amount of the disallowed cost allocated to covered contracts for which a proposal for settlement of indirect costs has been submitted; plus
(B) interest (to be computed based on provisions in the Federal Acquisition Regulation) to compensate the Federal Government for the use of the amount which a contractor has been paid in excess of the amount to which the contractor was entitled.
(2) **Cost determined to be unallowable before proposal submitted.—** — If the executive agency determines that a proposal for settlement of indirect costs submitted by a contractor includes a cost determined to be unallowable in the case of that contractor before the submission of that proposal, the executive agency shall assess a penalty against the contractor in an amount equal to 2 t
Source: Supplied U.S. Code snapshot — release unconfirmed · 41 U.S.C. § 4303
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Federal law — U.S. Code and appendices · legal_authorities
**(a) Appeal to Agency Board.—** A contractor, within 90 days from the date of receipt of a contracting officer’s decision under [section 7103 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title41-section7103&num=0&edition=prelim), may appeal the decision to an agency board as provided in [section 7105 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title41-section7105&num=0&edition=prelim).
**(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 7103 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title41-section7103&num=0&edition=prelim) to an agency board, a contractor may bring an action directly on the claim in the United States Court of Federal Claims, notwithstanding 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](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title28-section1337&num=0&edition=prelim), notwithstanding any contract provision, 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 7103 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title41-section7103&num=0&edition=prelim).
(4) **De novo.—** — An action under paragraph (1) or (2) shall proceed de novo in
Source: Supplied U.S. Code snapshot — release unconfirmed · 41 U.S.C. § 7104
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Federal law — U.S. Code and appendices · legal_authorities
**(a)**
(1) An agency that conducts an adversary adjudication shall award, to a prevailing party other than the United States, fees and other expenses incurred by that party in connection with that proceeding, unless the adjudicative officer of the agency finds that the position of the agency was substantially justified or that special circumstances make an award unjust. Whether or not the position of the agency was substantially justified shall be determined on the basis of the administrative record, as a whole, which is made in the adversary adjudication for which fees and other expenses are sought.
(2) A party seeking an award of fees and other expenses shall, within thirty days of a final disposition in the adversary adjudication, submit to the agency an application which shows that the party is a prevailing party and is eligible to receive an award under this section, and the amount sought, including an itemized statement from any attorney, agent, or expert witness representing or appearing in behalf of the party stating the actual time expended and the rate at which fees and other expenses were computed. The party shall also allege that the position of the agency was not substantially justified. When the United States appeals the underlying merits of an adversary adjudication, no decision on an application for fees and other expenses in connection with that adversary adjudication shall be made under this section until a final and unreviewable decision is rendered by the court on the appeal or until the underlying merits of the case have been finally determined pursuant to the appeal.
(3) The adjudicative officer of the agency may reduce the amount to be awarded, or deny an award, to the extent that the party during the course of the proceedings engaged in condu
Source: Supplied U.S. Code snapshot — release unconfirmed · 5 U.S.C. § 504
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Federal law — U.S. Code and appendices · legal_authorities
Page 178
TITLE 41—PUBLIC CONTRACTS
§ 7103
(2) the procurement of services;
(3) the procurement of construction, alter-
ation, repair, or maintenance of real property;
or
(4) the disposal of personal property.
(b)
TENNESSEE
VALLEY
AUTHORITY
CON-
TRACTS.—
(1) IN GENERAL.—With respect to contracts of
the Tennessee Valley Authority, this chapter
applies only to contracts containing a clause
that requires contract disputes to be resolved
through an agency administrative process.
(2) EXCLUSION.—Notwithstanding any other
provision of this chapter, this chapter does not
apply to a contract of the Tennessee Valley
Authority for the sale of fertilizer or electric
power or related to the conduct or operation of
the electric power system.
(c) FOREIGN GOVERNMENT
OR INTERNATIONAL
ORGANIZATION CONTRACTS.—If an agency head
determines that applying this chapter would not
be in the public interest, this chapter does not
apply to a contract with a foreign government,
an agency of a foreign government, an inter-
national organization, or a subsidiary body of an
international organization.
(d) MARITIME CONTRACTS.—Appeals under sec-
tion 7107(a) of this title and actions brought
under sections 7104(b) and 7107(b) to (f) of this
title, arising out of maritime contracts, are gov-
erned by chapter 309 or 311 of title 46, as applica-
ble, to the extent that those chapters are not in-
consistent with this chapter.
(Pub. L. 111–350, § 3, Jan. 4, 2011, 124 Stat. 3817.)
HISTORICAL AND REVISION NOTES
Revised
Section
Source (U.S. Code)
Source (Statutes at Large)
7102(a)–(c) ..
41:602.
Pub. L. 95–563, §§ 3, 4, Nov. 1,
1978, 92 Stat. 2383.
7102(d) ........
41:603.
In subsection (c), the words ‘‘an agency head’’ are
substituted for ‘‘the head of the agency’’ for consist-
Source: Supplied 2024 U.S. Code historical extraction · 41 U.S.C. § 7103
Stored review status: historical_2024_not_currentness_verified. Same stored citation; legal effect and authority still require review.