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41 U.S.C. § 7104 — Contractor’s right of appeal from decision by contracting officer
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
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Stable record: federal_law:legal_authorities:record_usc_b362b56b7f90d4366c5b0ebf
Source file: Laws/federal/codes/united-states-code/title-41/section-7104-contractors-right-of-appeal-from-decision-by-contracting-officer--e2828d0530.md
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Source location: Title 41, Chapter 71, § 7104; chapter-071-contract-disputes.md
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**(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 accordance with the rules of the appropriate court.
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Federal law — U.S. Code and appendices · legal_authorities
**(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
**(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
Source: Supplied U.S. Code snapshot — release unconfirmed · 41 U.S.C. § 7103
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Federal law — U.S. Code and appendices · legal_authorities
**(a) Armed Services Board.—**
(1) **Establishment.—** — An Armed Services Board of Contract Appeals may be established within the Department of Defense when the Secretary of Defense, after consultation with the Administrator, determines from a workload study that the volume of contract claims justifies the establishment of a full-time agency board of at least 3 members who shall have no other inconsistent duties. Workload studies will be updated at least once every 3 years and submitted to the Administrator.
(2) **Appointment of members and compensation.—** — Members of the Armed Services Board shall be selected and appointed in the same manner as administrative law judges appointed pursuant to [section 3105 of title 5](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title5-section3105&num=0&edition=prelim), with an additional requirement that members must have had at least 5 years of experience in public contract law. The Secretary of Defense shall designate the chairman and vice chairman of the Armed Services Board from among the appointed members. Compensation for the chairman, vice chairman, and other members shall be determined under [section 5372a of title 5](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title5-section5372a&num=0&edition=prelim).
**(b) Civilian Board.—**
(1) **Establishment.—** — There is established in the General Services Administration the Civilian Board of Contract Appeals.
(2) **Membership.—**
(A) *Eligibility.—* — The Civilian Board consists of members appointed by the Administrator of General Services (in consultation with the Administrator for Federal Procurement Policy) from a register of applicants maintained by the Administrator of General Services, in accordance with rules issued by the Administrato
Source: Supplied U.S. Code snapshot — release unconfirmed · 41 U.S.C. § 7105
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Federal law — U.S. Code and appendices · legal_authorities
**(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.
Source: Supplied U.S. Code snapshot — release unconfirmed · 28 U.S.C. § 171
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Federal law — U.S. Code and appendices · legal_authorities
Page 180
TITLE 41—PUBLIC CONTRACTS
§ 7104
HISTORICAL AND REVISION NOTES—CONTINUED
Revised
Section
Source (U.S. Code)
Source (Statutes at Large)
7103(h)(1) ....
41:605(d) (1st, last
sentences).
Pub. L. 95–563, § 6(d) (1st,
last sentences), as added
Pub. L. 101–552, § 6(a), Nov.
15, 1990, 104 Stat. 2745,
2746; Pub. L. 104–106, div.
D, title XLIII, § 4322(b)(6),
Feb. 10, 1996, 110 Stat. 677;
Pub. L. 105–85, div. A, title
X,
§ 1073(g)(3),
Nov.
18,
1997, 111 Stat. 1906.
7103(h)(2) ....
41:605(d) (2d sen-
tence).
Pub. L. 95–563, § 6(d) (2d sen-
tence), as added Pub. L.
101–552, § 6(a), Nov. 15, 1990,
104 Stat. 2745; Pub. L.
104–320, § 6(1), Oct. 19, 1996,
110 Stat. 3871.
7103(h)(3)(A) 41:605(e) (1st sen-
tence).
Pub. L. 95–563, § 6(e), as
added
Pub.
L.
101–552,
§ 6(a), Nov. 15, 1990, 104
Stat. 2746; Pub. L. 103–355,
title II, § 2352, Oct. 13, 1994,
108 Stat. 3322; Pub. L.
104–106, div. D, title XLIII,
§§ 4321(a)(7), 4322(b)(6), Feb.
10, 1996, 110 Stat. 671, 677;
Pub. L. 104–320, § 6(2), Oct.
19, 1996, 110 Stat. 3871;
Pub. L. 105–85, div. A, title
X,
§ 1073(g)(3),
Nov.
18,
1997, 111 Stat. 1906.
7103(h)(3)(B)
41:605(e) (last sen-
tence).
In subsection (b)(1)(D) and (2), the word ‘‘duly’’ is
omitted as unnecessary.
In subsection (b)(3), the words ‘‘of contract appeals’’
are omitted as unnecessary because of the definition of
‘‘agency board’’ in section 7101 of the revised title.
In subsection (c)(2), the words ‘‘this subsection’’,
which appear in section 5 of the Contract Disputes Act
of 1978 (Pub. L. 95–563, 92 Stat. 2384), and which were
probably intended to mean ‘‘this section’’, are trans-
lated as ‘‘this paragraph’’ in accordance with the prob-
able intent of Congress.
In subsection (f)(5), the words ‘‘the commencement
Source: Supplied 2024 U.S. Code historical extraction · 41 U.S.C. § 7104
Stored review status: historical_2024_not_currentness_verified. Same stored citation; legal effect and authority still require review.