§ 609. — Judicial review of board decisions.
[Laws in effect as of January 24, 2002]
[Document not affected by Public Laws enacted between
January 24, 2002 and December 19, 2002]
[CITE: 41USC609]
TITLE 41--PUBLIC CONTRACTS
CHAPTER 9--CONTRACT DISPUTES
Sec. 609. Judicial review of board decisions
(a) Actions in United States Court of Federal Claims; district court
actions; time for filing
(1) Except as provided in paragraph (2), and in lieu of appealing
the decision of the contracting officer under section 605 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) In the case of an action against the Tennessee Valley Authority,
the contractor may only bring an action directly on the claim in a
United States district court pursuant to section 1337 of title 28,
notwithstanding any contract provision, regulation, or rule of law to
the contrary.
(3) Any action under paragraph (1) or (2) shall be filed within
twelve months from the date of the receipt by the contractor of the
decision of the contracting officer concerning the claim, and shall
proceed de novo in accordance with the rules of the appropriate court.
(b) Finality of board decision
In the event of an appeal by a contractor or the Government from a
decision of any agency board pursuant to section 607 of this title,
notwithstanding any contract provision, regulation, or rules of law to
the contrary, the decision of the agency board on any question of law
shall not be final or conclusive, but the decision on any question of
fact shall be final and conclusive and shall not be set aside unless the
decision is fraudulent, or arbitrary, or capricious, or so grossly
erroneous as to necessarily imply bad faith, or if such decision is not
supported by substantial evidence.
(c) Remand or retention of case
In any appeal by a contractor or the Government from a decision of
an agency board pursuant to section 607 of this title, the court may
render an opinion and judgement and remand the case for further action
by the agency board or by the executive agency as appropriate, with such
direction as the court considers just and proper.
(d) Consolidation
If two or more suits arising from one contract are filed in the
United States Court of Federal Claims and one or more agency boards, for
the convenience of parties or witnesses or in the interest of justice,
the United States Court of Federal Claims may order the consolidation of
such suits in that court or transfer any suits to or among the agency
boards involved.
(e) Judgments as to fewer than all claims
In any suit filed pursuant to this chapter involving two or more
claims, counterclaims, cross-claims, or third-party claims, and where a
portion of one such claim can be divided for purposes of decision or
judgment, and in any such suit where multiple parties are involved, the
court, whenever such action is appropriate, may enter a judgment as to
one or more but fewer than all of the claims, portions thereof, or
parties.
(f) Advisory opinions
(1) Whenever an action involving an issue described in paragraph (2)
is pending in a district court of the United States, the district court
may request a board of contract appeals to provide the court with an
advisory opinion on the matters of contract interpretation at issue.
(2) An issue referred to in paragraph (1) is any issue that could be
the proper subject of a final decision of a contracting officer
appealable under this chapter.
(3) A district court shall direct any request under paragraph (1) to
the board of contract appeals having jurisdiction under this chapter to
adjudicate appeals of contract claims under the contract or contracts
being interpreted by the court.
(4) After receiving a request for an advisory opinion under
paragraph (1), a board of contract appeals shall provide the advisory
opinion in a timely manner to the district court making the request.
(Pub. L. 95-563, Sec. 10, Nov. 1, 1978, 92 Stat. 2388; Pub. L. 97-164,
title I, Secs. 157, 160(a)(15), 161(10), Apr. 2, 1982, 96 Stat. 47-49;
Pub. L. 102-572, title IX, Sec. 902(b)(1), Oct. 29, 1992, 106 Stat.
4516; Pub. L. 103-355, title II, Sec. 2354, Oct. 13, 1994, 108 Stat.
3323.)
Amendments
1994--Subsec. (f). Pub. L. 103-355 added subsec. (f).
1992--Subsecs. (a)(1), (d). Pub. L. 102-572 substituted ``United
States Court of Federal Claims'' for ``United States Claims Court''
wherever appearing.
1982--Subsec. (a)(1). Pub. L. 97-164, Sec. 161(10), substituted
``Claims Court'' for ``Court of Claims''.
Subsec. (c). Pub. L. 97-164, Sec. 157, struck out ``, or, in its
discretion and in lieu of remand it may retain the case and take such
additional evidence or action as may be necessary for final disposition
of the case'' after ``with such direction as the court considers just
and proper''.
Subsec. (d). Pub. L. 97-164, Sec. 160(a)(15), substituted ``United
States Claims Court'' for ``Court of Claims'' in two places.
Effective Date of 1994 Amendment
For effective date and applicability of amendment by Pub. L. 103-
355, see section 10001 of Pub. L. 103-355, set out as a note under
section 251 of this title.
Effective Date of 1992 Amendment
Amendment by Pub. L. 102-572 effective Oct. 29, 1992, see section
911 of Pub. L. 102-572, set out as a note under section 171 of Title 28,
Judiciary and Judicial Procedure.
Effective Date of 1982 Amendment
Amendment by Pub. L. 97-164 effective Oct. 1, 1982, see section 402
of Pub. L. 97-164, set out as a note under section 171 of Title 28,
Judiciary and Judicial Procedure.
Section Referred to in Other Sections
This section is referred to in section 603 of this title; title 5
section 9003; title 10 section 2410m; title 22 sections 3861, 3862;
title 28 sections 1295, 1346, 1491.
