41 U.S.C. § 438 : US Code - Section 438: Civilian Board of Contract Appeals

Search 41 U.S.C. § 438 : US Code - Section 438: Civilian Board of Contract Appeals

(a) Board established
There is established in the General Services Administration a
board of contract appeals to be known as the Civilian Board of
Contract Appeals (in this section referred to as the "Civilian
Board").
(b) Membership
(1) Appointment
(A) The Civilian Board shall consist of members appointed by
the Administrator of General Services (in consultation with the
Administrator for Federal Procurement Policy) from a register of
applicants maintained by the Administrator of General Services,
in accordance with rules issued by the Administrator of General
Services (in consultation with the Administrator for Federal
Procurement Policy) for establishing and maintaining a register
of eligible applicants and selecting Civilian Board members. The
Administrator of General Services shall appoint a member without
regard to political affiliation and solely on the basis of the
professional qualifications required to perform the duties and
responsibilities of a Civilian Board member.
(B) The members of the Civilian Board shall be selected and
appointed to serve in the same manner as administrative law
judges appointed pursuant to section 3105 of title 5, with an
additional requirement that such members shall have had not fewer
than five years of experience in public contract law.
(C) Notwithstanding subparagraph (B) and subject to paragraph
(2), the following persons shall serve as Civilian Board members:
any full-time member of any agency board of contract appeals
other than the Armed Services Board of Contract Appeals, the
Postal Service Board of Contract Appeals, and the board of
contract appeals of the Tennessee Valley Authority serving as
such on the day before the effective date of this section.
(2) Removal
Members of the Civilian Board shall be subject to removal in
the same manner as administrative law judges, as provided in
section 7521 of title 5.
(3) Compensation
Compensation for members of the Civilian Board shall be
determined under section 5372a of title 5.
(c) Functions
(1) In general
The Civilian Board shall have jurisdiction as provided by
section 607(d) of this title.
(2) Additional jurisdiction
The Civilian Board may, with the concurrence of the Federal
agency or agencies affected -
(A) assume jurisdiction over any additional category of laws
or disputes over which an agency board of contract appeals
established pursuant to section 607 of this title exercised
jurisdiction before the effective date of this section; and
(B) assume any other functions performed by such a board
before such effective date on behalf of such agencies.