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41 U.S.C. § 7107 — Judicial review of agency board decisions

Federal law — U.S. Code and appendices · legal_authorities

41 U.S.C. § 7107 — Judicial review of agency board decisions

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Stable record: federal_law:legal_authorities:record_usc_8d2d066c34e2994dedca81b3
Source file: Laws/federal/codes/united-states-code/title-41/section-7107-judicial-review-of-agency-board-decisions--b6e6710eee.md
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Source location: Title 41, Chapter 71, § 7107; chapter-071-contract-disputes.md

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**(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](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title28-section1295&num=0&edition=prelim), within 120 days from the date the agency receives 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 district court pursuant to [section 1337 of title 28](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title28-section1337&num=0&edition=prelim), 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](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title28-section1337&num=0&edition=prelim), 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 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 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 justice, 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, 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 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 contracting 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 advisory opinion in a timely manner to the district court making the request.

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Federal law — U.S. Code and appendices · legal_authorities

28 U.S.C. § 1337 — Commerce and antitrust regulations; amount in controversy, costs

**(a)** The district courts shall have original jurisdiction of any civil action or proceeding arising under any Act of Congress regulating commerce or protecting trade and commerce against restraints and monopolies: Provided, however, That the district courts shall have original jurisdiction of an action brought under section 11706 or 14706 of title 49, only if the matter in controversy for each receipt or bill of lading exceeds $10,000, exclusive of interest and costs. **(b)** Except when express provision therefor is otherwise made in a statute of the United States, where a plaintiff who files the case under section 11706 or 14706 of title 49, originally in the Federal courts is finally adjudged to be entitled to recover less than the sum or value of $10,000, computed without regard to any setoff or counterclaim to which the defendant may be adjudged to be entitled, and exclusive of any interest and costs, the district court may deny costs to the plaintiff and, in addition, may impose costs on the plaintiff. **(c)** The district courts shall not have jurisdiction under this section of any matter within the exclusive jurisdiction of the Court of International Trade under chapter 95 of this title.

Source: Supplied U.S. Code snapshot — release unconfirmed · 28 U.S.C. § 1337

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Federal law — U.S. Code and appendices · legal_authorities

28 U.S.C. § 1295 — Jurisdiction of the United States Court of Appeals for the Federal Circuit

**(a)** The United States Court of Appeals for the Federal Circuit shall have exclusive jurisdiction— (1) of an appeal from a final decision of a district court of the United States, the District Court of Guam, the District Court of the Virgin Islands, or the District Court of the Northern Mariana Islands, in any civil action arising under, or in any civil action in which a party has asserted a compulsory counterclaim arising under, any Act of Congress relating to patents or plant variety protection; (2) of an appeal from a final decision of a district court of the United States, the United States District Court for the District of the Canal Zone, the District Court of Guam, the District Court of the Virgin Islands, or the District Court for the Northern Mariana Islands, if the jurisdiction of that court was based, in whole or in part, on [section 1346 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title28-section1346&num=0&edition=prelim), except that jurisdiction of an appeal in a case brought in a district court under section 1346(a)(1), 1346(b), 1346(e), or 1346(f) of this title or under section 1346(a)(2) when the claim is founded upon an Act of Congress or a regulation of an executive department providing for internal revenue shall be governed by sections 1291, 1292, and 1294 of this title; (3) of an appeal from a final decision of the United States Court of Federal Claims; (4) of an appeal from a decision of— (A) the Patent Trial and Appeal Board of the United States Patent and Trademark Office with respect to a patent application, derivation proceeding, reexamination, post-grant review, or inter partes review under title 35, at the instance of a party who exercised that party’s right to participate in the applicable proceeding

Source: Supplied U.S. Code snapshot — release unconfirmed · 28 U.S.C. § 1295

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Federal law — U.S. Code and appendices · legal_authorities

28 U.S.C. § 171 — Appointment and number of judges; character of court; designation of chief judge

**(a)** The President shall appoint, by and with the advice and consent of the Senate, sixteen judges who shall constitute a court of record known as the United States Court of Federal Claims. The court is declared to be a court established under article I of the Constitution of the United States. **(b)** The President shall designate one of the judges of the Court of Federal Claims who is less than seventy years of age to serve as chief judge. The chief judge may continue to serve as such until he reaches the age of seventy years or until another judge is designated as chief judge by the President. After the designation of another judge to serve as chief judge, the former chief judge may continue to serve as a judge of the court for the balance of the term to which appointed.

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Federal law — U.S. Code and appendices · legal_authorities

41 U.S.C. § 7107 — Judicial review of agency board decisions

Page 183 TITLE 41—PUBLIC CONTRACTS § 7107 dited 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 procedure shall provide for sim- plified rules of procedure to facilitate the deci- sion 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 regula- tion. (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 proce- dure. (4) FINALITY OF DECISION.—A decision against the Federal Government or against the con- tractor 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 deter- minations and final decisions under this sub- section have no value as precedent for future cases under this chapter. (6) REVIEW OF REQUISITE AMOUNTS IN CON- TROVERSY.—The Administrator, from time to time, may review the dollar amounts specified in paragraph (1) and adjust the amounts in ac- cordance with economic indexes selected by the Administrator. (Pub. L. 111–350, § 3, Jan. 4, 2011, 124 Stat. 3823.) HISTORICAL AND REVISION NOTES Revised Section Source (U.S. Code) Source (Statutes at Large) 7106(a) ........ 41:607(f). Pub. L. 95–563, § 8(f), Nov. 1, 1978, 92 Stat. 2386; Pub. L. 103–355, title II, § 23

Source: Supplied 2024 U.S. Code historical extraction · 41 U.S.C. § 7107

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