§ 7104. Contractor’s right of appeal from decision by contracting officer
298 words·~1 min read·
/usc/title-41/section-7104A research copy — for the controlling text, always check the official state or federal source. Not legal advice.
(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, may appeal the decision to an agency board as provided in section 7105 of this title.
(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 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, 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.
(4)De novo.— An action under paragraph
(1)or
(2)shall proceed de novo in accordance with the rules of the appropriate court.
(Pub. L. 111–350, § 3, Jan. 4, 2011, 124 Stat. 3820.)
In subsection (a), 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 (b)(1), the words “United States Court of Federal Claims” are substituted for “United States Claims Court” because of section 902(b)(1) of the Federal Courts Administration Act of 1992 (Pub. L. 102–572, 106 Stat. 4516, 28 U.S.C. 171 note).
Connections18 cite this · traces to 4
Cited by 18 sections · top 9
U.S. Code
- § 1491Claims against United States generally; actions involving Tennessee Valley Authority
- § 702Government Accountability Office
- § 3743Effect of submission of unallowable costs
- § 9003Contracting authority
- § 3861Procurement system
- § 3862Panama Canal Board of Contract Appeals
- § 4303Effect of submission of unallowable costs
- § 3863Retention of amounts collected from contractor during the pendency of contract dispute
register
4 references not yet in our index
- Pub. L. 111–350, § 3
- 124 Stat. 3820
- Pub. L. 102–572
- 106 Stat. 4516
Citation graph
cites case law
§ 7104
Contractor’s right of appeal from decision by contracting officer
U.S.C.×17
Fed. Reg.×1
Pub. L.Pub. L. 111–350, § 3
Stat.124 Stat. 3820
Pub. L.Pub. L. 102–572
Stat.106 Stat. 4516
Cites 8Cited by 18 across 2 sources