US Code

Public Law 119-83 (04/13/2026)

41 U.S.C. § 7104

Contractor’s right of appeal from decision by contracting officer

(a)

Appeal to Agency Board .—

section 7103 of this titlesection 7105 of this titleA contractor, within 90 days from the date of receipt of a contracting officer’s decision under , may appeal the decision to an agency board as provided in .
(b)

Bringing an Action De Novo in Federal Court.—

(1)

In general .—

section 7103 of this titleExcept as provided in paragraph (2), and in lieu of appealing the decision of a contracting officer under to an agency board, a contractor may bring an action directly on the claim in the United States Court of Federal Claims, notwithstanding any contract provision, regulation, or rule of law to the contrary.
(2)

Tennessee valley authority .—

section 1337 of title 28In the case of an action against the Tennessee Valley Authority, the contractor may only bring an action directly on the claim in a district court of the United States pursuant to , notwithstanding any contract provision, regulation, or rule of law to the contrary.
(3)

Time for filing .—

section 7103 of this titleA contractor shall file any action under paragraph (1) or (2) within 12 months from the date of receipt of a contracting officer’s decision under .
(4)

De novo .—

An action under paragraph (1) or (2) shall proceed de novo in accordance with the rules of the appropriate court.

Pub. L. 111–350, § 3124 Stat. 3820 (, , .)

Historical and Revision Notes

Revised

Section

Source (U.S. Code)

Source (Statutes at Large)

7104(a)

41:606.

Pub. L. 95–563, § 7, Nov. 1, 1978, 92 Stat. 2385.

7104(b)

41:609(a).

Pub. L. 95–563, § 10(a), Nov. 1, 1978, 92 Stat. 2388; Pub. L. 97–164, title I, § 161(10), Apr. 2, 1982, 96 Stat. 49.

In subsection (a), the words “of contract appeals” are omitted as unnecessary because of the definition of “agency board” in section 7101 of the revised title.

Pub. L. 102–572106 Stat. 4516 28 U.S.C. 171In subsection (b)(1), the words “United States Court of Federal Claims” are substituted for “United States Claims Court” because of section 902(b)(1) of the Federal Courts Administration Act of 1992 (, , note).