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41 U.S.C. § 7105 — Agency boards

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

41 U.S.C. § 7105 — Agency boards

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Stable record: federal_law:legal_authorities:record_usc_dc906008e4c0cea89adf32f4
Source file: Laws/federal/codes/united-states-code/title-41/section-7105-agency-boards--96c993d69c.md
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Source location: Title 41, Chapter 71, § 7105; chapter-071-contract-disputes.md

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**(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 Administrator of General Services (in consultation with the Administrator for Federal Procurement Policy) for establishing and maintaining a register of eligible applicants and selecting Civilian Board members. The Administrator of General Services shall appoint a member without regard to political affiliation and solely on the basis of the professional qualifications required to perform the duties and responsibilities of a Civilian Board member. (B) *Appointment of members and compensation.—* — Members of the Civilian Board shall be selected and appointed to serve 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 experience in public contract law. Compensation for the 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). (3) **Removal.—** — Members of the Civilian Board are subject to removal in the same manner as administrative law judges, as provided in [section 7521 of title 5](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title5-section7521&num=0&edition=prelim). (4) **Functions.—** (A) *In general.—* — The Civilian Board has jurisdiction as provided by subsection (e)(1)(B). (B) *Additional jurisdiction.—* — With the concurrence of the Federal agencies affected, the Civilian Board may assume— (i) jurisdiction over any additional category of laws or disputes over which an agency board of contract appeals established pursuant to section 8 of the Contract Disputes Act exercised jurisdiction before January 6, 2007; and (ii) any other function the agency board performed before January 6, 2007, on behalf of those agencies. **(c) Tennessee Valley Authority Board.—** (1) **Establishment.—** — The Board of Directors of the Tennessee Valley Authority may establish a board of contract appeals of the Tennessee Valley Authority of an indeterminate number of members. (2) **Appointment of members and compensation.—** — The Board of Directors of the Tennessee Valley Authority shall establish criteria for the appointment of members to the agency board established under paragraph (1), and shall designate a chairman of the agency board. The chairman and other members of the agency board shall receive compensation, at the daily equivalent of the rates determined under [section 5372a of title 5](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title5-section5372a&num=0&edition=prelim), for each day they are engaged in the actual performance of their duties as members of the agency board. **(d) Postal Service Board.—** (1) **Establishment.—** — There is established an agency board of contract appeals known as the Postal Service Board of Contract Appeals. (2) **Appointment and service of members.—** — The Postal Service Board of Contract Appeals consists of judges appointed by the Postmaster General. The judges shall meet the qualifications of and serve in the same manner as members of the Civilian Board. (3) **Application.—** — This chapter applies to contract disputes before the Postal Service Board of Contract Appeals in the same manner as it applies to contract disputes before the Civilian Board. **(e) Jurisdiction.—** (1) **In general.—** (A) *Armed services board.—* — The Armed Services Board has jurisdiction to decide any appeal from a decision of a contracting officer of the Department of Defense, the Department of the Army, the Department of the Navy, the Department of the Air Force, or the National Aeronautics and Space Administration relative to a contract made by that department or agency. (B) *Civilian board.—* — The Civilian Board has jurisdiction to decide any appeal from a decision of a contracting officer of any executive agency (other than the Department of Defense, the Department of the Army, the Department of the Navy, the Department of the Air Force, the National Aeronautics and Space Administration, the United States Postal Service, the Postal Regulatory Commission, or the Tennessee Valley Authority) relative to a contract made by that agency. (C) *Postal service board.—* — The Postal Service Board of Contract Appeals has jurisdiction to decide any appeal from a decision of a contracting officer of the United States Postal Service or the Postal Regulatory Commission relative to a contract made by either agency. (D) *Other agency boards.—* — Each other agency board has jurisdiction to decide any appeal from a decision of a contracting officer relative to a contract made by its agency. (E) *Administrative False Claims Act.—* (i) *In general.—* — The boards described in subparagraphs (B), (C), and (D) shall have jurisdiction to hear any case referred to a board of contract appeals under [section 3803(d) of title 31](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title31-section3803/d&num=0&edition=prelim). (ii) *Declining referral.—* — If the Chair of a board described in subparagraph (B), (C), or (D) determines that accepting a case under clause (i) would prevent adequate consideration of other cases being handled by the board, the Chair may decline to accept the referral. (2) **Relief.—** — In exercising this jurisdiction, an agency board may grant any relief that would be available to a litigant asserting a contract claim in the United States Court of Federal Claims or, in the event that a case is filed under chapter 38 of title 31, any relief that would be available to a litigant under that chapter. **(f) Subpoena, Discovery, and Deposition.—** A member of an agency board of contract appeals may administer oaths to witnesses, authorize depositions and discovery 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 district court, the court, upon application of the agency board through the Attorney General, or upon application by the board of contract appeals of the Tennessee Valley Authority, shall have jurisdiction to issue the person an order requiring 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 contempt of court. **(g) 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.

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

31 U.S.C. § 3801 — Definitions

**(a)** For purposes of this chapter— (1) “authority” means— (A) an executive department; (B) a military department; (C) an establishment (as such term is defined in [section 401 of title 5](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title5-section401&num=0&edition=prelim)) which is not an executive department; (D) the United States Postal Service; (E) the National Science Foundation; and (F) a designated Federal entity (as such term is defined under [section 415(a) of title 5](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title5-section415/a&num=0&edition=prelim)); (2) “authority head” means— (A) the head of an authority; or (B) an official or employee of the authority designated, in regulations promulgated by the head of the authority, to act on behalf of the head of the authority; (3) “claim” means any request, demand, or submission— (A) made to an authority for property, services, or money (including money representing grants, loans, insurance, or benefits); (B) made to a recipient of property, services, or money from an authority or to a party to a contract with an authority— (i) for property or services if the United States— (I) provided such property or services; (II) provided any portion of the funds for the purchase of such property or services; or (III) will reimburse such recipient or party for the purchase of such property or services; or (ii) for the payment of money (including money representing grants, loans, insurance, or benefits) if the United States— (I) provided any portion of the money requested or demanded; or (II) will reimburse such recipient or party for any portion of the money paid on such request or demand; or (C) made to an autho

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

39 U.S.C. § 404 — Specific powers

**(a)** Subject to the provisions of section 404a, but otherwise without limitation of the generality of its powers, the Postal Service shall have the following specific powers, among others: (1) to provide for the collection, handling, transportation, delivery, forwarding, returning, and holding of mail, and for the disposition of undeliverable mail; (2) to prescribe, in accordance with this title, the amount of postage and the manner in which it is to be paid; (3) to determine the need for post offices, postal and training facilities and equipment, and to provide such offices, facilities, and equipment as it determines are needed; (4) to provide and sell postage stamps and other stamped paper, cards, and envelopes and to provide such other evidences of payment of postage and fees as may be necessary or desirable; (5) to provide philatelic services; (6) to investigate postal offenses and civil matters relating to the Postal Service; (7) to offer and pay rewards for information and services in connection with violation of the postal laws, and, unless a different disposal is expressly prescribed, to pay one-half of all penalties and forfeitures imposed for violations of law affecting the Postal Service, its revenues, or property, to the person informing for the same, and to pay the other one-half into the Postal Service Fund; and (8) to authorize the issuance of a substitute check for a lost, stolen, or destroyed check of the Postal Service. **(b)** Except as otherwise provided, the Governors are authorized to establish reasonable and equitable classes of mail and reasonable and equitable rates of postage and fees for postal services in accordance with the provisions of chapter 36. Postal rates and fees shall be reasonable and equitable and sufficient to enable

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

5 U.S.C. § 5372a — Contract appeals board members

**(a)** For the purpose of this section— (1) the term “contract appeals board member” means a member of an agency board of contract appeals appointed under section 7105(a)(2), (c)(2), or (d)(2) of title 41 or a member of the Civilian Board of Contract Appeals appointed under [section 7105(b)(2) of title 41](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title41-section7105/b/2&num=0&edition=prelim); and (2) the term “appeals board” means an agency board of contract appeals established pursuant to section 7105(a)(1), (c)(1), or (d)(1) of title 41. **(b)** Rates of basic pay for contract appeals board members shall be as follows: (1) Chairman of an appeals board—the rate of basic pay payable for level IV of the Executive Schedule. (2) Vice chairman of an appeals board—97 percent of the rate under paragraph (1). (3) Other members of an appeals board—94 percent of the rate under paragraph (1). **(c)** Rates of pay taking effect under this section shall be printed in the Federal Register and the Code of Federal Regulations.

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

5 U.S.C. § 7521 — Actions against administrative law judges

**(a)** An action may be taken against an administrative law judge appointed under [section 3105 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title5-section3105&num=0&edition=prelim) by the agency in which the administrative law judge is employed only for good cause established and determined by the Merit Systems Protection Board on the record after opportunity for hearing before the Board. **(b)** The actions covered by this section are— (1) a removal; (2) a suspension; (3) a reduction in grade; (4) a reduction in pay; and (5) a furlough of 30 days or less; but do not include— (A) a suspension or removal under [section 7532 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title5-section7532&num=0&edition=prelim); (B) a reduction-in-force action under [section 3502 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title5-section3502&num=0&edition=prelim); or (C) any action initiated under [section 1215 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title5-section1215&num=0&edition=prelim).

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

5 U.S.C. § 3105 — Appointment of administrative law judges

Each agency shall appoint as many administrative law judges as are necessary for proceedings required to be conducted in accordance with sections 556 and 557 of this title. Administrative law judges shall be assigned to cases in rotation so far as practicable, and may not perform duties inconsistent with their duties and responsibilities as administrative law judges.

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

41 U.S.C. § 101 — Administrator

In this subtitle, the term “Administrator” means the Administrator for Federal Procurement Policy appointed under [section 1102 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title41-section1102&num=0&edition=prelim).

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

34 U.S.C. § 10101 — Establishment of Office of Justice Programs

There is hereby established an Office of Justice Programs within the Department of Justice under the general authority of the Attorney General. The Office of Justice Programs (hereinafter referred to in this chapter as the “Office”) shall be headed by an Assistant Attorney General (hereinafter in this chapter referred to as the “Assistant Attorney General”) appointed by the President, by and with the advice and consent of the Senate.

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

41 U.S.C. § 1501 — Cost Accounting Standards Board

**(a) Organization.—** The Cost Accounting Standards Board is an independent board in the Office of Management and Budget. **(b) Membership.—** (1) **Members, chairman, and appointment.—** — The Board shall consist of 5 voting members and 2 nonvoting members. (A) *Voting members.—* — One voting member is the Administrator of Federal Procurement Policy, who serves as Chairman. The other 4 members, all of whom shall have experience in Federal Government contract cost accounting, are as follows: (i) 2 representatives of the Federal Government, each of whom has substantial experience in administering and managing covered contracts— (I) one of whom is a representative of the Department of Defense appointed by the Secretary of Defense; and (II) one of whom is an officer or employee of the General Services Administration appointed by the Administrator of General Services. (ii) 2 individuals from the private sector, each of whom is appointed by the Director of the Office of Management and Budget— (I) one of whom is a senior employee or retired senior employee of a Government contractor with substantial experience in the private sector involving administration and management of covered contracts; and (II) one member of the accounting profession, with substantial experience as an accountant. (B) *Nonvoting members.—* — There may be up to 2 nonvoting members appointed by the Board from academia, a nonprofit organization, or a private entity with substantial experience in establishing financial accounting and reporting standards in compliance with Generally Accepted Accounting Principles. (2) **Term of office.—** (A) *Length of term.—* — The term of office of each member, other than the Administrator, is 4 years, which may be extend

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

41 U.S.C. § 7104 — Contractor’s right of appeal from decision by contracting officer

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

5 U.S.C. § 504 — Costs and fees of parties

**(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

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