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41 U.S. Code § 7105 - Agency boards | U.S. Code | US Law | LII

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• U.S. Code
• Notes
• Authorities (CFR)

An

of Contract Appeals may be established within the

when the

, after consultation with the

determines from a workload study that the volume of contract claims justifies the establishment of a full-time

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

Members of the

shall be selected and appointed in the same manner as administrative law judges appointed pursuant to

, with an additional requirement that members must have had at least 5 years of experience in public contract law. The

shall designate the chairman and vice chairman of the

from among the appointed members. Compensation for the chairman, vice chairman, and other members shall be determined under

.

There is established in the

the

of Contract Appeals.

The

consists of members appointed by the

of General Services (in consultation with the

for Federal Procurement Policy) from a register of applicants maintained by the

of General Services, in accordance with rules issued by the

of General Services (in consultation with the

for Federal Procurement Policy) for establishing and maintaining a register of eligible applicants and selecting

members. The

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

member.

Members of the

shall be selected and appointed to serve in the same manner as administrative law judges appointed pursuant to

, 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

.

The

has jurisdiction as provided by subsection (e)(1)(B).

jurisdiction over any additional category of laws or disputes over which an

established pursuant to section 8 of the Contract Disputes Act exercised jurisdiction before

; and

any other function the

performed before

, on behalf of those agencies.

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.

The Board of Directors of the

shall establish criteria for the appointment of members to the

established under paragraph (1), and shall designate a chairman of the

The chairman and other members of the

shall receive compensation, at the daily equivalent of the rates determined under

, for each day they are engaged in the actual performance of their duties as members of the

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

.

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

.

The

has jurisdiction to decide any appeal from a decision of a

of the

, the

, the

, the

, or the

relative to a contract made by that department or agency.

The

has jurisdiction to decide any appeal from a decision of a

of any

(other than the

, the

, the

, the

, the

, the

, the

, or the

) relative to a contract made by that agency.

The Postal Service Board of Contract Appeals has jurisdiction to decide any appeal from a decision of a

of the

or the

relative to a contract made by either agency.

Each other

has jurisdiction to decide any appeal from a decision of a

relative to a contract made by its agency.

The boards described in subparagraphs (B), (C), and (D) shall have jurisdiction to hear any case referred to a board of contract appeals under

.

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.

In exercising this jurisdiction, an

may grant any relief that would be available to a litigant asserting a contract claim in the

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.

A member of an

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

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

through the Attorney General, or upon application by the board of contract appeals of the

, shall have jurisdiction to issue the person an order requiring the person to appear before the

or a member of the

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.

to the fullest extent practicable provide informal, expeditious, and inexpensive resolution of disputes;

issue a decision in writing or take other appropriate action on each appeal submitted; and

(

,

,

;

,

,

;

(

),

,

;

,

,

.)

Subsecs. (b) and (e)(1)(A), (B), (D) and (2) of this section were derived from sections 438 and 607(d), respectively, of former Title 41, Public Contracts. Sections 438 and 607(d) were amended by Pub. L. 111–383, div. A, title X, § 1075(o), Jan. 7, 2011, 124 Stat. 4378, and Pub. L. 111–259, title IV, § 422, Oct. 7, 2010, 124 Stat. 2727, respectively, prior to being repealed and reenacted as subsecs. (b) and (e)(1)(A), (B), (D) and (2) of this section by Pub. L. 111–350, §§ 3, 7(b), Jan. 4, 2011, 124 Stat. 3677, 3855. For applicability of those amendments to this section, see section 6(a) of Pub. L. 111–350, set out as a Transitional and Savings Provisions note preceding section 101 of this title. Section 438 of former Title 41 was amended in subsec. (c)(1) by striking “(41 U.S.C. 607(b))” and inserting “(41 U.S.C. 607(d))” and in subsec. (c)(2)(A) by inserting “of 1978” after “Contract Disputes Act”. Section 607(d) of former Title 41 was amended by adding at the end “Notwithstanding any other provision of this section and any other provision of law, an appeal from a decision of a contracting officer of the Central Intelligence Agency relative to a contract made by that Agency may be filed with whichever of the Armed Services Board of Contract Appeals or the Civilian Board of Contract Appeals is specified by such contracting officer as the Board to which such an appeal may be made and such Board shall have jurisdiction to decide that appeal.”

Historical and Revision Notes

7105(a)

41:607(a)(1), (b)(1).

Pub. L. 95–563, § 8(a)(1), (b)(1), Nov. 1, 1978, 92 Stat. 2385; Pub. L. 101–509, title V, § 529 [title I, § 104(d)(4)], Nov. 5, 1990, 104 Stat. 1447; Pub. L. 109–163, div. A, title VIII, § 847(d)(3), Jan. 6, 2006, 119 Stat. 3394.

7105(b)

41:438.

Pub. L. 93–400, § 42, as added Pub. L. 109–163, div. A, title VIII, § 847(a), Jan. 6, 2006, 119 Stat. 3391.

7105(c)

41:607(a)(2), (b)(2).

Pub. L. 95–563, § 8(a)(2), (b)(2), Nov. 1, 1978, 92 Stat. 2385, 2386.

7105(d)

41:607(c) (1st, 3d, last sentences).

Pub. L. 95–563, § 8(c), Nov. 1, 1978, 92 Stat. 2386; Pub. L. 109–163, div. A, title VIII, § 847(d)(2)(B), Jan. 6, 2006, 119 Stat. 3394.

7105(e)(1) (A), (B)

41:607(d) (1st, 2d sentences).

Pub. L. 95–563, § 8(d), Nov. 1, 1978, 92 Stat. 2386; Pub. L. 97–164, title I, § 160(a)(15), Apr. 2, 1982, 96 Stat. 48; Pub. L. 109–163, div. A, title VIII, § 847(d)(2)(A), Jan. 6, 2006, 119 Stat. 3393.

7105(e)(1)(C)

41:607(c) (2d sentence).

7105(e)(1)(D)

41:607(d) (3d sentence).

7105(e)(2)

41:607(d) (last sentence).

7105(f)

41:610.

Pub. L. 95–563, § 11, Nov. 1, 1978, 92 Stat. 2388.

7105(g)

41:607(e).

Pub. L. 95–563, § 8(e), Nov. 1, 1978, 92 Stat. 2386.

In subsection (a)(2), the words “administrative law judges” are substituted for “hearing examiners” because of section 3 of Public Law 95–251 (5 U.S.C. 3105 note). The words “Full-time members of agency boards serving as such on the effective date of this chapter shall be considered qualified” are omitted as obsolete.

In subsection (b), the text of 41 U.S.C. 438 (b)(1)(C) is omitted as obsolete.

In subsection (e)(1)(B) and (C), the words “Postal Regulatory Commission” are substituted for “Postal Rate Commission” because of section 604(f) of the Postal Accountability and Enhancement Act (Public Law 109–435, 120 Stat. 3242, 39 U.S.C. 404 note).

Editorial Notes

Section 8 of the Contract Disputes Act, referred to in subsec. (b)(4)(B)(i), probably means section 8 of Pub. L. 95–563, the Contract Disputes Act of 1978, which was classified to former section 607 of this title prior to being repealed and reenacted as subsecs. (a), (c) to (e), and (g) of this section by Pub. L. 111–350, §§ 3, 7(b), Jan. 4, 2011, 124 Stat. 3677, 3855.

Administrative False Claims Act, referred to in subsec. (e)(1)(E), is subtitle B of title VI of Pub. L. 99–509, Oct. 21, 1986, 100 Stat. 1934, which is classified generally to chapter 38 (§ 3801 et seq.) of Title 31, Money and Finance. For complete classification of this Act to the Code, see Short Title note set out under section 3801 of Title 31 and Tables.

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