Agency boards

41 U.S.C. § 7105

• Title: 41 — Public Contracts
• Chapter: 71 — CONTRACT DISPUTES

Text

(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, 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.
(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, 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.
(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.
(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, 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.
(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.

History

(Pub. L. 111–350, §3, Jan. 4, 2011, 124 Stat. 3820; Pub. L. 111–259, title IV, §422, Oct. 7, 2010, 124 Stat. 2727; Pub. L. 111–383, div. A, title X, §1075(o), Jan. 7, 2011, 124 Stat. 4378; Pub. L. 118–159, div. E, title LII, §5203(g)(2), Dec. 23, 2024, 138 Stat. 2442.)

Editorial Notes

Amendments Not Shown in Text
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."
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

References in Text
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.

Amendments
2024—Subsec. (e)(1)(E). Pub. L. 118–159, §5203(g)(2)(A), added subpar. (E).
Subsec. (e)(2). Pub. L. 118–159, §5203(g)(2)(B), inserted before period at end "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".