Notes on 41 U.S.C. § 605 : US Code - Notes

Search Notes on 41 U.S.C. § 605 : US Code - Notes

(Pub. L. 95-563, Sec. 6, Nov. 1, 1978, 92 Stat. 2384; Pub. L. 101-
552, Sec. 6(a), Nov. 15, 1990, 104 Stat. 2745; Pub. L. 102-572,
title IX, Sec. 907(a)(1), Oct. 29, 1992, 106 Stat. 4518; Pub. L.
103-355, title II, Secs. 2351(a)(1), (b), (e), 2352, Oct. 13, 1994,
108 Stat. 3322; Pub. L. 104-106, div. D, title XLIII, Secs.
4321(a)(6), (7), 4322(b)(6), Feb. 10, 1996, 110 Stat. 671, 677;
Pub. L. 104-320, Sec. 6, Oct. 19, 1996, 110 Stat. 3871; Pub. L. 105-
85, div. A, title X, Sec. 1073(g)(3), Nov. 18, 1997, 111 Stat.
1906.)
AMENDMENTS
1997 - Subsecs. (d), (e). Pub. L. 105-85 struck out "(as in
effect on September 30, 1995)" after "title 5" wherever appearing.
1996 - Subsec. (a). Pub. L. 104-106, Sec. 4321(a)(6), made
technical correction to Pub. L. 103-355, Sec. 2351(a). See 1994
Amendment note below.
Subsec. (d). Pub. L. 104-320, Sec. 6(1), substituted "The
contractor shall certify the claim when required to do so as
provided under subsection (c)(1) of this section or as otherwise
required by law." for "In a case in which such alternative means of
dispute resolution or other mutually agreeable procedures are used,
the contractor shall certify that the claim is made in good faith,
that the supporting data are accurate and complete to the best of
his or her knowledge and belief, and that the amount requested
accurately reflects the contract adjustment for which the
contractor believes the Government is liable."
Pub. L. 104-106, Sec. 4322(b)(6), inserted "(as in effect on
September 30, 1995)" after "title 5" in two places.
Subsec. (e). Pub. L. 104-320, Sec. 6(2), struck out first
sentence which read as follows: "The authority of agencies to
engage in alternative means of dispute resolution proceedings under
subsection (d) of this section shall cease to be effective on
October 1, 1999, except that such authority shall continue in
effect with respect to then pending dispute resolution proceedings
which, in the judgment of the agencies that are parties to such
proceedings, require such continuation, until such proceedings
terminate."
Pub. L. 104-106, Sec. 4322(b)(6), inserted "(as in effect on
September 30, 1995)" after "title 5".
Pub. L. 104-106, Sec. 4321(a)(7), made technical amendment to
Pub. L. 103-355, Sec. 2352(b). See 1994 Amendment note below.
1994 - Subsec. (a). Pub. L. 103-355, Sec. 2351(a)(1), as amended
by Pub. L. 104-106, Sec. 4321(a)(6), inserted after second sentence
"Each claim by a contractor against the government relating to a
contract and each claim by the government against a contractor
relating to a contract shall be submitted within 6 years after the
accrual of the claim. The preceding sentence does not apply to a
claim by the government against a contractor that is based on a
claim by the contractor involving fraud."
Subsec. (c). Pub. L. 103-355, Sec. 2351(b), substituted
"$100,000" for "$50,000" wherever appearing.
Subsec. (c)(4). Pub. L. 103-355, Sec. 2351(e), substituted
"tribunal concerned" for "agency board of contract appeals" and
"tribunal concerned," for "board,".
Subsec. (e). Pub. L. 103-355, Sec. 2352(b), as amended by Pub. L.
104-106, Sec. 4321(a)(7), inserted after first sentence "In any
case in which the contracting officer rejects a contractor's
request for alternative dispute resolution proceedings, the
contracting officer shall provide the contractor with a written
explanation, citing one or more of the conditions in section 572(b)
of title 5 or such other specific reasons that alternative dispute
resolution procedures are inappropriate for the resolution of the
dispute. In any case in which a contractor rejects a request of an
agency for alternative dispute resolution proceedings, the
contractor shall inform the agency in writing of the contractor's
specific reasons for rejecting the request."
Pub. L. 103-355, Sec. 2352(a), substituted "October 1, 1999" for
"October 1, 1995".
1992 - Subsec. (c)(1). Pub. L. 102-572, Sec. 907(a)(1)(A), struck
out "and" after "belief," and inserted before period at end ", and
that the certifier is duly authorized to certify the claim on
behalf of the contractor".
Subsec. (c)(6), (7). Pub. L. 102-572, Sec. 907(a)(1)(B), added
pars. (6) and (7).
1990 - Subsecs. (d), (e). Pub. L. 101-552 added subsecs. (d) and
(e).
EFFECTIVE DATE OF 1996 AMENDMENT
Section 4321(a) of Pub. L. 104-106 provided that the amendment
made by that section is effective as of Oct. 13, 1994, and as if
included in Pub. L. 103-355 as enacted.
For effective date and applicability of amendment by section
4322(b)(6) of Pub. L. 104-106, see section 4401 of Pub. L. 104-106,
set out as a note under section 251 of this title.
EFFECTIVE DATE OF 1994 AMENDMENT
For effective date and applicability of amendment by Pub. L. 103-
355, see section 10001 of Pub. L. 103-355, set out as a note under
section 251 of this title.
EFFECTIVE DATE OF 1992 AMENDMENT
Section 907(a)(2) of Pub. L. 102-572 provided that: "The
amendment made by paragraph (1)(B) [amending this section] shall be
effective with respect to all claims filed before, on, or after the
date of the enactment of this Act [Oct. 29, 1992], except for those
claims which, before such date of enactment, have been the subject
of an appeal to an agency board of contract appeals or a suit in
the United States Claims Court."
Section 907(a)(4) of Pub. L. 102-572 provided that: "The
amendments made by paragraph (1)(A) [amending this section] shall
be effective with respect to certifications executed more than 60
days after the effective date of amendments to the Federal
Acquisition Regulation implementing the amendments made by
paragraph (1)(A) with respect to the certification of claims." [For
effective date of implementing regulations, see 59 F.R. 11368, Mar.
10, 1994.]
EFFECT OF CONTRACT PROVISIONS PROVIDING FOR SUBMISSION OF CLAIMS
EARLIER THAN SIX YEARS AFTER ACCRUAL
Section 2351(a)(2) of Pub. L. 103-355 provided that:
"Notwithstanding the third sentence of section 6(a) of the Contract
Disputes Act of 1978 [41 U.S.C. 605(a)], as added by paragraph (1),
if a contract in existence on the date of the enactment of this Act
[Oct. 13, 1994] requires that a claim referred to in that sentence
be submitted earlier than 6 years after the accrual of the claim,
then the claim shall be submitted within the period required by the
contract. The preceding sentence does not apply to a claim by the
Federal Government against a contractor that is based on a claim by
the contractor involving fraud."