Page:United States Statutes at Large Volume 124.djvu/3845

 124 STAT. 3819 PUBLIC LAW 111–350—JAN. 4, 2011 the Federal Government for an amount equal to the unsup- ported part of the claim plus all of the Federal Government’s costs attributable to reviewing the unsupported part of the claim. Liability under this paragraph shall be determined within 6 years of the commission of the misrepresentation of fact or fraud. (d) ISSUANCE OF DECISION.—The contracting officer shall issue a decision in writing and shall mail or otherwise furnish a copy of the decision to the contractor. (e) CONTENTS OF DECISION.—The contracting officer’s decision shall state the reasons for the decision reached and shall inform the contractor of the contractor’s rights as provided in this chapter. Specific findings of fact are not required. If made, specific findings of fact are not binding in any subsequent proceeding. (f) TIME FOR ISSUANCE OF DECISION.— (1) CLAIM OF $100,000 OR LESS.—A contracting officer shall issue a decision on any submitted claim of $100,000 or less within 60 days from the contracting officer’s receipt of a written request from the contractor that a decision be rendered within that period. (2) CLAIM OF MORE THAN $100,000.—A contracting officer shall, within 60 days of receipt of a submitted certified claim over $100,000— (A) issue a decision; or (B) notify the contractor of the time within which a decision will be issued. (3) GENERAL REQUIREMENT OF REASONABLENESS.—The deci- sion of a contracting officer on submitted claims shall be issued within a reasonable time, in accordance with regulations pre- scribed by the agency, taking into account such factors as the size and complexity of the claim and the adequacy of information in support of the claim provided by the contractor. (4) REQUESTING TRIBUNAL TO DIRECT ISSUANCE WITHIN SPECI- FIED TIME PERIOD.—A contractor may request the tribunal con- cerned to direct a contracting officer to issue a decision in a specified period of time, as determined by the tribunal con- cerned, in the event of undue delay on the part of the con- tracting officer. (5) FAILURE TO ISSUE DECISION WITHIN REQUIRED TIME PERIOD.—Failure by a contracting officer to issue a decision on a claim within the required time period is deemed to be a decision by the contracting officer denying the claim and authorizes an appeal or action on the claim as otherwise pro- vided in this chapter. However, the tribunal concerned may, at its option, stay the proceedings of the appeal or action to obtain a decision by the contracting officer. (g) FINALITY OF DECISION UNLESS APPEALED.—The contracting officer’s decision on a claim is final and conclusive and is not subject to review by any forum, tribunal, or Federal Government agency, unless an appeal or action is timely commenced as author- ized by this chapter. This chapter does not prohibit an executive agency from including a clause in a Federal Government contract requiring that, pending final decision of an appeal, action, or final settlement, a contractor shall proceed diligently with performance of the contract in accordance with the contracting officer’s decision. (h) ALTERNATIVE MEANS OF DISPUTE RESOLUTION.— (1) IN GENERAL.—Notwithstanding any other provision of this chapter, a contractor and a contracting officer may use any