Notes on 41 U.S.C. § 607 : US Code - Notes

Search Notes on 41 U.S.C. § 607 : US Code - Notes

(Pub. L. 95-563, Sec. 8, Nov. 1, 1978, 92 Stat. 2385; Pub. L. 97-
164, title I, Secs. 156, 160(a)(15), Apr. 2, 1982, 96 Stat. 47,
48; Pub. L. 101-509, title V, Sec. 529 [title I, Sec. 104(d)(4)],
Nov. 5, 1990, 104 Stat. 1427, 1447; Pub. L. 101-552, Sec. 6(b),
Nov. 15, 1990, 104 Stat. 2746; Pub. L. 103-355, title II, Sec.
2351(c), Oct. 13, 1994, 108 Stat. 3322; Pub. L. 109-163, div. A,
title VIII, Sec. 847(d)(2)-(4), Jan. 6, 2006, 119 Stat. 3393,
3394.)
REFERENCES IN TEXT
For the effective date of this chapter, referred to in subsec.
(b)(1), see section 16 of Pub. L. 95-563, set out as an Effective
Date note under section 601 of this title.
CODIFICATION
In subsec. (b)(1), "administrative law judges" substituted for
"hearing examiners" on authority of section 3 of Pub. L. 95-251,
Mar. 27, 1978, 92 Stat. 184, which is set out as a note under
section 3105 of Title 5, Government Organization and Employees.
AMENDMENTS
2006 - Subsec. (a)(1). Pub. L. 109-163, Sec. 847(d)(3)(A),
substituted "An Armed Services Board of Contract Appeals" for
"Except as provided in paragraph (2) an agency board of contract
appeals" and "the Department of Defense when the Secretary of
Defense" for "an executive agency when the agency head".
Subsec. (b)(1). Pub. L. 109-163, Sec. 847(d)(3)(B), substituted
"The members of the Armed Services Board of Contract Appeals" for
"Except as provided in paragraph (2), the members of agency boards"
in first sentence, "such Board" for "agency boards" in second
sentence, "such Board" for "each board" and "the Secretary of
Defense" for "the agency head" in third sentence, and "such Board"
for "an agency board" in fourth sentence.
Subsec. (c). Pub. L. 109-163, Sec. 847(d)(2)(B), added subsec.
(c) and struck out heading and text of former subsec. (c). Text
read as follows: "If the volume of contract claims is not
sufficient to justify an agency board under subsection (a) of this
section or if he otherwise considers it appropriate, any agency
head shall arrange for appeals from decisions by contracting
officers of his agency to be decided by a board of contract appeals
of another executive agency. In the event an agency head is unable
to make such an arrangement with another agency, he shall submit
the case to the Administrator for placement with an agency board.
The provisions of this subsection shall not apply to the Tennessee
Valley Authority."
Subsec. (d). Pub. L. 109-163, Sec. 847(d)(2)(A)(ii), substituted
"Court of Federal Claims" for "Claims Court".
Pub. L. 109-163, Sec. 847(d)(2)(A)(i), substituted three
sentences relating to the jurisdiction of the Armed Services Board,
the Civilian Board, and other agency boards for "Each agency board
shall have jurisdiction to decide any appeal from a decision of a
contracting officer (1) relative to a contract made by its agency,
and (2) relative to a contract made by any other agency when such
agency or the Administrator has designated the agency board to
decide the appeal."
Subsec. (h). Pub. L. 109-163, Sec. 847(d)(4), struck out subsec.
(h) which related to procedural guidelines.
Subsec. (i). Pub. L. 109-163, Sec. 847(d)(4), struck out subsec.
(i) which required all agency boards of three or more full time
members, except that of the Tennessee Valley Authority, within one
hundred and twenty days after Nov. 1, 1978, to develop workload
studies for approval by the agency head specified in subsec.
(a)(1).
1994 - Subsec. (f). Pub. L. 103-355 substituted "$100,000" for
"$50,000".
1990 - Subsec. (b)(1). Pub. L. 101-509, Sec. 529 [title I, Sec.
104(d)(4)(A)], substituted "Compensation for the chairman, the vice
chairman, and all other members of an agency board shall be
determined under section 5372a of title 5." for "The chairman of
each agency board shall receive compensation at a rate equal to
that paid a GS-18 under the General Schedule contained in section
5332, of title 5, the vice chairman shall receive compensation at a
rate equal to that paid a GS-17 under such General Schedule, and
all other members shall receive compensation at a rate equal to
that paid a GS-16 under such General Schedule. Such positions shall
be in addition to the number of positions which may be placed in GS-
16, GS-17, and GS-18 of such General Schedule under existing law."
Subsec. (b)(2). Pub. L. 101-509, Sec. 529 [title I, Sec.
104(d)(4)(B)], substituted "The chairman and all other members of
such board shall receive compensation, at the daily equivalent of
the rates determined under section 5372a of title 5, for each day
they are engaged in the actual performance of their duties as
members of the board." for "The chairman of such board shall
receive compensation at a rate equal to the daily rate paid a GS-18
under the General Schedule contained in section 5332, of title 5,
for each day he is engaged in the actual performance of his duties
as a member of such board. All other members of such board shall
receive compensation at a rate equal to the daily rate paid a GS-16
under such General Schedule for each day they are engaged in the
actual performance of their duties as members of such board."
Subsec. (g)(3). Pub. L. 101-552 added par. (3).
1982 - Subsec. (d). Pub. L. 97-164, Sec. 160(a)(15), substituted
"United States Claims Court" for "Court of Claims".
Subsec. (g)(1)(A). Pub. L. 97-164, Sec. 156(1), substituted
"United States Court of Appeals for the Federal Circuit" for "Court
of Claims".
Subsec. (g)(1)(B). Pub. L. 97-164, Sec. 156(2), substituted
"Court of Appeals for the Federal Circuit for judicial review under
section 1295 of title 28" for "United States Court of Claims for
judicial review, under section 2510 of title 28".
EFFECTIVE DATE OF 2006 AMENDMENT
Amendment by Pub. L. 109-163 effective 1 year after Jan. 6, 2006,
see section 847(g) of Pub. L. 109-163, set out as a note under
section 5372a of Title 5, Government Organization and Employees.
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
Amendment by Pub. L. 102-572 effective Oct. 29, 1992, see section
911 of Pub. L. 102-572, set out as a note under section 171 of
Title 28, Judiciary and Judicial Procedure.
EFFECTIVE DATE OF 1990 AMENDMENT
Amendment by Pub. L. 101-509 effective on such date as the
President shall determine, but not earlier than 90 days, and not
later than 180 days, after Nov. 5, 1990, see section 529 [title
III, Sec. 305] of Pub. L. 101-509, set out as a note under section
5301 of Title 5, Government Organization and Employees.
EFFECTIVE DATE OF 1982 AMENDMENT
Amendment by Pub. L. 97-164 effective Oct. 1, 1982, see section
402 of Pub. L. 97-164, set out as a note under section 171 of Title
28, Judiciary and Judicial Procedure.
BOARDS OF CONTRACT APPEALS; TRANSFERS; TERMINATION; REFERENCES
Pub. L. 109-163, div. A, title VIII, Sec. 847(b), (c), (e), Jan.
6, 2006, 119 Stat. 3392, 3394, provided that:
"(b) Transfers. - The personnel employed in connection with, and
the assets, liabilities, contracts, property, records, and
unexpended balance of appropriations, authorizations, allocations,
and other funds employed, held, used, arising from, available to,
or to be made available in connection with the functions vested by
law in the agency boards of contract appeals established pursuant
to section 8 of the Contract Disputes Act of 1978 (41 U.S.C. 607)
(as in effect on the day before the effective date described in
subsection (g) [see Effective Date of 2006 Amendment note above])
other than the Armed Services Board of Contract Appeals, the board
of contract appeals of the Tennessee Valley Authority, and the
Postal Service Board of Contract Appeals shall be transferred to
the Civilian Board of Contract Appeals for appropriate allocation
by the Chairman of that Board.
"(c) Termination of Boards of Contract Appeals. -
"(1) Termination. - Effective on the effective date described
in subsection (g), the agency boards of contract appeals
established pursuant to section 8 of the Contract Disputes Act of
1978 (41 U.S.C. 607) (as in effect on the day before such
effective date), other than the Armed Services Board of Contract
Appeals, the board of contract appeals of the Tennessee Valley
Authority, and the Postal Service Board of Contract Appeals,
shall terminate.
"(2) Savings provision. - (A) This section [enacting section
438 of this title, amending this section, section 601 of this
title, and section 5372a of Title 5, Government Organization and
Employees, and enacting provisions set out as a note under
section 5372a of Title 5] and the amendments made by this section
shall not affect any proceedings pending on the effective date
described in subsection (g) before any agency board of contract
appeals terminated by paragraph (1).
"(B) In the case of any such proceedings pending before an
agency board of contract appeals other than the Armed Services
Board of Contract Appeals or the board of contract appeals of the
Tennessee Valley Authority, the proceedings shall be continued by
the Civilian Board of Contract Appeals, and orders which were
issued in any such proceeding by the agency board shall continue
in effect until modified, terminated, superseded, or revoked by
the Civilian Board of Contract Appeals, by a court of competent
jurisdiction, or by operation of law.
"(e) References. - Any reference to an agency board of contract
appeals other than the Armed Services Board of Contract Appeals,
the board of contract appeals of the Tennessee Valley Authority, or
the Postal Service Board of Contract Appeals in any provision of
law or in any rule, regulation, or other paper of the United States
shall be treated as referring to the Civilian Board of Contract
Appeals established under section 42 of the Office of Federal
Procurement Policy Act [41 U.S.C. 438]."