Page:United States Statutes at Large Volume 124.djvu/3850

 124 STAT. 3824 PUBLIC LAW 111–350—JAN. 4, 2011 in accordance with economic indexes selected by the Adminis- trator. § 7107. Judicial review of agency board decisions (a) REVIEW.— (1) IN GENERAL.—The decision of an agency board is final, except that— (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) TENNESSEE VALLEY AUTHORITY.—Notwithstanding para- graph (1), a decision of the board of contract appeals of the Tennessee Valley Authority is final, except that— (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 deci- sion to a United States district court pursuant to section 1337 of title 28, within 120 days from the date of the decision. (3) REVIEW OF ARBITRATION.—An award by an arbitrator under this chapter shall be reviewed pursuant to sections 9 to 13 of title 9, except that the court may set aside or limit any award that is found to violate limitations imposed by Federal statute. (b) FINALITY OF AGENCY BOARD DECISIONS ON QUESTIONS OF LAW AND FACT.—Notwithstanding any contract provision, regula- tion, or rule of law to the contrary, in an appeal by a contractor or the Federal Government from the decision of an agency board pursuant to subsection (a)— (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) REMAND.—In an appeal by a contractor or the Federal Govern- ment from the decision of an agency board pursuant to subsection (a), the court may render an opinion and judgment and remand the case for further action by the agency board or by the executive agency as appropriate, with direction the court considers just and proper. (d) CONSOLIDATION.—If 2 or more actions arising from one con- tract are filed in the United States Court of Federal Claims and one or more agency boards, for the convenience of parties or wit- nesses or in the interest of justice, the United States Court of