Page:United States Statutes at Large Volume 92 Part 2.djvu/1110

 92 STAT. 2390

PUBLIC LAW 95-563—NOV. 1, 1978

(c) Section 1302 of the Act of July 27, 1956, as amended (70 Stat. 694, as amended; 31 U.S.C. 724a), is amended by adding after "2677 of title 28" the words "and decisions of boards of contract appeals". (d) Section 2414 of title 28, United States Code, is amended by striking out "Payment" at the beginning and inserting in lieu thereof "Except as provided by the Contract Disputes Act of 1978, payment". (e) Section 2517(a) of title 28, United States Code, is amended by striking out "Every" at the beginning and inserting in lieu thereof "Except as provided by the Contract Disputes Act of 1978, every". (f) Section 2517(b) of title 28, United States Code, is amended by inserting after "case or controversy" the following: ", unless the judgment is designated a partial judgment, in which event only the matters ' • - • '• described therein shall be discharged,". (g) There shall be added to subsection (c) of section 5108 of title 5, United States Code, a paragraph (17) reading as follows: "(17) the heads of executive departments or agencies in which ^ boards of contract appeals are established pursuant to the Contract Disputes Act of 1978, and subject to the standards and procedures prescribed by this chapter, but without regard to subsection (d) of this section, may place additional positions, not to 5 USC 5332 ^ ^ exceed seventy in number, in GS-16, GS-17, and GS-18 for the note. ' ' '^ independent quasi-judicial determination of contract disputes, "'^ with the allocation of such positions among such executive departments and agencies determined by the Administrator for Federal Procurement Policy on the basis of relative case load." Cases, referral. (h)(1) Section 2510 of title 28, United States Code, is amended by— (A) inserting " (a) " immediately before such section; and (B) adding the following new subsection at the end thereof: " (b)(1) The head of any executive department or agency may, with the prior approval of the Attorney General, refer to the Court of Claims for judicial review any final decision rendered by a board of contract appeals pursuant to the terms of any contract with the United States awarded by that department or agency which such head of such department or agency has concluded is not entitled to finality pursuant to the review standards specified in section 10(b) of the Contracts Disputes Act of 1978. The head of each executive department or agency .,,.,,, shall make any referral under this section within one hundred and  *"' twenty days of the receipt of a copy of the final appeal decision. " (2) The Court of Claims shall review the matter referred in accordance with the standards specified in section 10(b) of the Contracts Disputes Act of 1978. The Court shall proceed with judicial review on the administrative record made before the board of contract appeals on matters so referred as in other cases pending in such court, shall determine the issue of finality of the appeal decision, and shall, as appropriate, render judgment thereon, take additional evidence, or remand the matter pursuant to the authority specified in section 1491 28 USC 1491. of this title.". (2)(A) The section heading of such section is amended to read as follows: "§ 2510. Referral of cases by the Comptroller General or the head of an executive department or agency.**. (B) The item relating to section 2510 in the table of sections for chapter 165 of title 28, United States Code, is amended to read as follows: "2510. Referral of cases by the Comptroller General or the head of an executive department or agency.".

�