2012 US Code
Title 41 - Public Contracts
Subtitle III - Contract Disputes (§§ 7101 - 7109)
Chapter 71 - CONTRACT DISPUTES (§§ 7101 - 7109)
Section 7105 - Agency boards
Publication Title | United States Code, 2012 Edition, Title 41 - PUBLIC CONTRACTS |
Category | Bills and Statutes |
Collection | United States Code |
SuDoc Class Number | Y 1.2/5: |
Contained Within | Title 41 - PUBLIC CONTRACTS Subtitle III - Contract Disputes CHAPTER 71 - CONTRACT DISPUTES Sec. 7105 - Agency boards |
Contains | section 7105 |
Date | 2012 |
Laws in Effect as of Date | January 15, 2013 |
Positive Law | Yes |
Disposition | standard |
Source Credit | 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. |
Statutes at Large References | 92 Stat. 2385, 2386, 2388 96 Stat. 48 104 Stat. 1447 119 Stat. 3391, 3393, 3394 120 Stat. 3242 124 Stat. 2727, 3820, 4378, 3677 |
Public Law References | Public Law 93-400, Public Law 95-251, Public Law 95-563, Public Law 97-164, Public Law 101-509, Public Law 109-163, Public Law 109-435, Public Law 111-259, Public Law 111-350, Public Law 111-383 |
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(a)
(1)
(2)
(b)
(1)
(2)
(A)
(B)
(3)
(4)
(A)
(B)
(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)
(1)
(2)
(d)
(1)
(2)
(3)
(e)
(1)
(A)
(B)
(C)
(D)
(2)
(f)
(g)
(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.
(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.)
Amendments Not Shown in TextSubsecs. (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.”
Revised Section | Source (U.S. Code) | Source (Statutes at Large) |
---|---|---|
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).
References in TextSection 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.
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