41 U.S.C. § 7108 — Payment of claims

Page 184 TITLE 41—PUBLIC CONTRACTS § 7108 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- claims, cross-claims, or third-party claims, and where a portion of one of the claims can be di- vided for purposes of decision or judgment, and in any action where multiple parties are in- volved, 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 involv- ing an issue described in paragraph (2) is pend- ing 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 interpreta- tion 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 JURIS- DICTION.—A district court shall direct a re- quest under paragraph (1) to the agency board having jurisdiction under this chapter to adju- dicate appeals of contract claims under the contract being interpreted by the court. (4) TIMELY RESPONSE.—After receiving a re- quest 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. (Pub. L. 111–350, § 3, Jan. 4, 2011, 124 Stat. 3824.) HISTORICAL AND REVISION NOTES Revised Section Source (U.S. Code) Source (Statutes at Large) 7107(a) ........ 41:607(g). Pub. L. 95–563, § 8(g), Nov. 1, 1978, 92 Stat. 2387; Pub. L. 97–164, title I, § 156, Apr. 2, 1982, 96 Stat. 47; Pub. L. 101–552, § 6(b), Nov. 15, 1990, 104 Stat. 2746. 7107(b) ........ 41:609(b). Pub. L. 95–563, § 10(b), (e), Nov. 1, 1978, 92 Stat. 2388. 7107(c) ........ 41:609(c). Pub. L. 95–563, § 10(c), Nov. 1, 1978, 92 Stat. 2388; Pub. L. 97–164, title I, § 157, Apr. 2, 1982, 96 Stat. 47. 7107(d) ........ 41:609(d). Pub. L. 95–563, § 10(d), Nov. 1, 1978, 92 Stat. 2388; Pub. L. 97–164, title I, § 160(a)(15), Apr. 2, 1982, 96 Stat. 48. 7107(e) ........ 41:609(e). 7107(f) ........ 41:609(f). Pub. L. 95–563, § 10(f), as added Pub. L. 103–355, title II, § 2354, Oct. 13, 1994, 108 Stat. 3323. In subsection (a)(1)(B), the words ‘‘may transmit’’ are substituted for ‘‘transmits’’ to correct the grammatical structure of the provision in accordance with the prob- able intent of Congress. The words ‘‘the decision’’ are substituted for ‘‘the decision of the board of contract appeals’’ and for ‘‘the board’s decision’’ to eliminate unnecessary words and for consistency with 41:607(g)(1)(A). In subsection (a)(2)(B), the words ‘‘in any case’’ are omitted as unnecessary. In subsection (d), the words ‘‘United States Court of Federal Claims’’ are substituted for ‘‘United States Claims Court’’ because of section 902(b)(1) of the Fed- eral Courts Administration Act of 1992 (Pub. L. 102–572, 106 Stat. 4516, 28 U.S.C. 171 note). In subsection (f)(1), (3), and (4), the words ‘‘agency board’’ are substituted for ‘‘board of contract appeals’’ to eliminate unnecessary words and for consistency with the definition of ‘‘agency board’’ in section 7101 of the revised title. In subsection (f)(1), the words ‘‘under consideration’’ are substituted for ‘‘at issue’’ to avoid potential confu- sion with the words ‘‘issue described in paragraph (2)’’. § 7108. Payment of claims (a) JUDGMENTS.—Any judgment against the Federal Government on a claim under this chap- ter shall be paid promptly in accordance with the procedures 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 contained in subsection (a). (c) REIMBURSEMENT.—Payments made pursu- ant to subsections (a) and (b) shall be reim- bursed 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 reimbursement. (d) TENNESSEE VALLEY AUTHORITY.— (1) JUDGMENTS.—Notwithstanding sub- sections (a) to (c), any judgment against the Tennessee Valley Authority on a claim under this chapter shall be paid promptly in accord- ance 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 of the Tennessee Valley Authority shall be paid in accordance with section 9(b) of the Tennessee Valley Authority Act of 1933 (16 U.S.C. 831h(b)). (Pub. L. 111–350, § 3, Jan. 4, 2011, 124 Stat. 3825.) HISTORICAL AND REVISION NOTES Revised Section Source (U.S. Code) Source (Statutes at Large) 7108 ............ 41:612. Pub. L. 95–563, § 13, Nov. 1, 1978, 92 Stat. 2389; Pub. L. 104–106, div. D, title XLIII, § 4322(b)(7), Feb. 10, 1996, 110 Stat. 677. § 7109. 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, pursuant to section 7103(a) of this title, until the date of payment of the claim. (2) DEFECTIVE CERTIFICATION.—On a claim for which the certification under section 7103(b)(1) of this title is found to be defective, any inter- est due under this section shall be paid for the period beginning with the date the contracting officer initially receives the contractor’s claim until the date of payment of the claim. (b) RATE.—Interest shall accrue and be paid at a rate which the Secretary of the Treasury shall specify as applicable for each successive 6- month period. The rate shall be determined by