Page:United States Statutes at Large Volume 119.djvu/3412

 119 STAT. 3394

Establishment.

Applicability.

41 USC 607 note.

VerDate 14-DEC-2004

07:21 Oct 30, 2006

PUBLIC LAW 109–163—JAN. 6, 2006

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 Rate Commission, or the Tennessee Valley Authority) relative to a contract made by that agency. Each other agency board shall have jurisdiction to decide any appeal from a decision of a contracting officer relative to a contract made by its agency.’’; and (ii) in the second sentence, by striking ‘‘Claims Court’’ and inserting ‘‘Court of Federal Claims’’; (B) by striking subsection (c) and inserting the following: ‘‘(c) There is established an agency board of contract appeals to be known as the ‘Postal Service Board of Contract Appeals’. Such board shall have jurisdiction to decide any appeal from a decision of a contracting officer of the United States Postal Service or the Postal Rate Commission relative to a contract made by either agency. Such board shall consist of judges appointed by the Postmaster General who shall meet the qualifications of and serve in the same manner as members of the Civilian Board of Contract Appeals. This Act shall apply to contract disputes before the Postal Service Board of Contract Appeals in the same manner as they apply to contract disputes before the Civilian Board.’’. (3) CONFORMING AMENDMENTS.—Section 8 of the Contract Disputes Act of 1978 (41 U.S.C. 607) is further amended— (A) in subsection (a)(1)— (i) by striking ‘‘Except as provided in paragraph (2) an agency board of contract appeals’’ and inserting ‘‘An Armed Services Board of Contract Appeals’’; and (ii) by striking ‘‘an executive agency when the agency head’’ and inserting ‘‘the Department of Defense when the Secretary of Defense’’; and (B) in subsection (b)(1)— (i) by striking ‘‘Except as provided in paragraph (2), the members of agency boards’’ and inserting ‘‘The members of the Armed Services Board of Contract Appeals’’; (ii) in the second sentence, by striking ‘‘agency boards’’ and inserting ‘‘such Board’’; (iii) in the third sentence, by striking ‘‘each board’’ and inserting ‘‘such Board’’ and by striking ‘‘the agency head’’ and inserting ‘‘the Secretary of Defense’’; and (iv) in the fourth sentence, by striking ‘‘an agency board’’ and inserting ‘‘such Board’’. (4) REPEAL OF OBSOLETE PROVISIONS.—Section 8 of the Contract Disputes Act of 1978 (41 U.S.C. 607) is further amended by striking subsections (h) and (i). (e) REFERENCES.—Any reference to an agency board of contract appeals other than the Armed Services Board of Contract Appeals, the board of contract appeals of the Tennessee Valley Authority, or the Postal Service Board of Contract Appeals in any provision of law or in any rule, regulation, or other paper of the United States shall be treated as referring to the Civilian Board of Contract

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