(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.
Terms Used In 41 USC 7104
- Appeal: A request made after a trial, asking another court (usually the court of appeals) to decide whether the trial was conducted properly. To make such a request is "to appeal" or "to take an appeal." One who appeals is called the appellant.
- Contract: A legal written agreement that becomes binding when signed.
- officer: includes any person authorized by law to perform the duties of the office. See 1 USC 1
(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.
