Page:United States Statutes at Large Volume 92 Part 2.djvu/1107

 PUBLIC LAW 95-563—NOV. 1, 1978

92 STAT. 2387

(g)(1) The decision of an agency board of contract appeals shall Judicial review. be final, except that— (A) a contractor may appeal such a decision to the Court of Claims within one hundred twenty days after the date of receipt of a copy of such decision, or (B) the agency head, if he determines that an appeal should be taken, and with the prior approval of the Attorney General, transmits the decision of the board of contract appeals to the United States Court of Claims for judicial review, under section 2510 of title 28, United States Code, as amended herein, within one hundred and twenty days from the date of the agency's receipt of a copy of the board's decision. (2) Notwithstanding the provisions of paragraph (1), the decision of the board of contract appeals of the Tennessee Valley Authority shall be final, except that— (A) a contractor may appeal such a decision to a United States district court pursuant to the provisions of section 1337 of title 28, United States Code within one hundred twenty days after the date of receipt of a copy of such decision, or (B) The Tennessee Valley Authority may appeal the decision to a United States district court pursuant to the provisions of section 1337 of title 28, United States Code, within one hundred ' twenty days after the date of the decision in any case. (h) Pursuant to the authority conferred under the Office of Federal Guidelines. Procurement Policy Act, the Administrator is authorized and directed, 41 USC 401 as may be necessary or desirable to carry out the provisions of this note. Act, to issue guidelines with respect to criteria for the establishment, functions, and procedures of the agency boards (except for a board established by the Tennessee Valley Authority). (i) Within one hundred and twenty days from the date of enactment Workload of this Act, all agency boards, except that of the Tennessee Valley studies. Authority, of three or more full time members shall develop workload studies for approval by the agency head as specified in section 8(a)(1). SMALL CLAIMS

SEC. 9. (a) The rules of each agency board shall include a procedure Procedure rules, for the expedited disposition of any appeal from a decision of a con- provisions. tracting officer Avhere the amount in dispute is $10,000 or less. The small 41 USC 608. claims procedure shall be applicable at the sole election of the contractor. (b) The small claims procedure shall provide for simplified rules of procedure to facilitate the decision of any appeal thereunder. Such appeals may be decided by a single member of the agency board with such concurrences as may be provided by rule or regulation. (c) Appeals under the small claims procedure shall be resolved, whenever possible, within one hundred twenty days from the date on which the contractor elects to utilize such procedure. (d) A decision against the Government or the contractor reached under the small claims procedure shall be final and conclusive and shall not be set aside except in cases of fraud. (e) Administrative determinations and final decisions under this section shall have no value as precedent for future cases under this Act. (f) The Administrator is authorized to review at least every three Review, years, beginning with the third year after the enactment of the Act,

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