2012 US Code
Title 41 - Public Contracts
Subtitle III - Contract Disputes (§§ 7101 - 7109)
Chapter 71 - CONTRACT DISPUTES (§§ 7101 - 7109)
Section 7107 - Judicial review of agency board decisions
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. 7107 - Judicial review of agency board decisions |
Contains | section 7107 |
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. 3824. |
Statutes at Large References | 92 Stat. 2387, 2388 96 Stat. 47, 48 104 Stat. 2746 106 Stat. 4516 108 Stat. 3323 124 Stat. 3824 |
Public Law References | Public Law 95-563, Public Law 97-164, Public Law 101-552, Public Law 102-572, Public Law 103-355, Public Law 111-350 |
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(a)
(1)
(A) a contractor may appeal the decision to the United States Court of Appeals for the Federal Circuit within 120 days from the date the contractor receives a copy of the decision; or
(B) if an agency head determines that an appeal should be taken, the agency head, with the prior approval of the Attorney General, may transmit the decision to the United States Court of Appeals for the Federal Circuit for judicial review under section 1295 of title 28, within 120 days from the date the agency receives a copy of the decision.
(2)
(A) a contractor may appeal the decision to a United States district court pursuant to section 1337 of title 28, within 120 days from the date the contractor receives a copy of the decision; or
(B) the Tennessee Valley Authority may appeal the decision to a United States district court pursuant to section 1337 of title 28, within 120 days from the date of the decision.
(3)
(b)
(1) the decision of the agency board on a question of law is not final or conclusive; but
(2) the decision of the agency board on a question of fact is final and conclusive and may not be set aside unless the decision is—
(A) fraudulent, arbitrary, or capricious;
(B) so grossly erroneous as to necessarily imply bad faith; or
(C) not supported by substantial evidence.
(c)
(d)
(e)
(f)
(1)
(2)
(3)
(4)
(Pub. L. 111–350, §3, Jan. 4, 2011, 124 Stat. 3824.)
Revised Section | Source (U.S. Code) | Source (Statutes at Large) |
---|---|---|
7107(a) | 41:607(g). | Pub. L. 95–563, §8(g), Nov. 1, 1978, 92 Stat. 2387; Pub. L. 97–164, title I, §156, Apr. 2, 1982, 96 Stat. 47; Pub. L. 101–552, §6(b), Nov. 15, 1990, 104 Stat. 2746. |
7107(b) | 41:609(b). | Pub. L. 95–563, §10(b), (e), Nov. 1, 1978, 92 Stat. 2388. |
7107(c) | 41:609(c). | Pub. L. 95–563, §10(c), Nov. 1, 1978, 92 Stat. 2388; Pub. L. 97–164, title I, §157, Apr. 2, 1982, 96 Stat. 47. |
7107(d) | 41:609(d). | Pub. L. 95–563, §10(d), Nov. 1, 1978, 92 Stat. 2388; Pub. L. 97–164, title I, §160(a)(15), Apr. 2, 1982, 96 Stat. 48. |
7107(e) | 41:609(e). | |
7107(f) | 41:609(f). | Pub. L. 95–563, §10(f), as added Pub. L. 103–355, title II, §2354, Oct. 13, 1994, 108 Stat. 3323. |
In subsection (a)(1)(B), the words “may transmit” are substituted for “transmits” to correct the grammatical structure of the provision in accordance with the probable intent of Congress. The words “the decision” are substituted for “the decision of the board of contract appeals” and for “the board's decision” to eliminate unnecessary words and for consistency with 41:607(g)(1)(A).
In subsection (a)(2)(B), the words “in any case” are omitted as unnecessary.
In subsection (d), 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).
In subsection (f)(1), (3), and (4), the words “agency board” are substituted for “board of contract appeals” to eliminate unnecessary words and for consistency with the definition of “agency board” in section 7101 of the revised title.
In subsection (f)(1), the words “under consideration” are substituted for “at issue” to avoid potential confusion with the words “issue described in paragraph (2)”.
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