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U.S. Code as of:
01/19/04
Section 609. Judicial review of board decisions
(a) Actions in United States Court of Federal Claims; district
court actions; time for filing
(1) Except as provided in paragraph (2), and in lieu of appealing
the decision of the contracting officer under section 605 of this
title 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) In the case of an action against the Tennessee Valley
Authority, the contractor may only bring an action directly on the
claim in a United States district court pursuant to section 1337 of
title 28, notwithstanding any contract provision, regulation, or
rule of law to the contrary.
(3) Any action under paragraph (1) or (2) shall be filed within
twelve months from the date of the receipt by the contractor of the
decision of the contracting officer concerning the claim, and shall
proceed de novo in accordance with the rules of the appropriate
court.
(b) Finality of board decision
In the event of an appeal by a contractor or the Government from
a decision of any agency board pursuant to section 607 of this
title, notwithstanding any contract provision, regulation, or rules
of law to the contrary, the decision of the agency board on any
question of law shall not be final or conclusive, but the decision
on any question of fact shall be final and conclusive and shall not
be set aside unless the decision is fraudulent, or arbitrary, or
capricious, or so grossly erroneous as to necessarily imply bad
faith, or if such decision is not supported by substantial
evidence.
(c) Remand or retention of case
In any appeal by a contractor or the Government from a decision
of an agency board pursuant to section 607 of this title, the court
may render an opinion and judgement and remand the case for further
action by the agency board or by the executive agency as
appropriate, with such direction as the court considers just and
proper.
(d) Consolidation
If two or more suits arising from one contract are filed in the
United States Court of Federal Claims and one or more agency
boards, for the convenience of parties or witnesses or in the
interest of justice, the United States Court of Federal Claims may
order the consolidation of such suits in that court or transfer any
suits to or among the agency boards involved.
(e) Judgments as to fewer than all claims
In any suit filed pursuant to this chapter involving two or more
claims, counterclaims, cross-claims, or third-party claims, and
where a portion of one such claim can be divided for purposes of
decision or judgment, and in any such suit where multiple parties
are involved, the court, whenever such action is appropriate, may
enter a judgment as to one or more but fewer than all of the
claims, portions thereof, or parties.
(f) Advisory opinions
(1) Whenever an action involving an issue described in paragraph
(2) is pending in a district court of the United States, the
district court may request a board of contract appeals to provide
the court with an advisory opinion on the matters of contract
interpretation at issue.
(2) An issue referred to in paragraph (1) is any issue that could
be the proper subject of a final decision of a contracting officer
appealable under this chapter.
(3) A district court shall direct any request under paragraph (1)
to the board of contract appeals having jurisdiction under this
chapter to adjudicate appeals of contract claims under the contract
or contracts being interpreted by the court.
(4) After receiving a request for an advisory opinion under
paragraph (1), a board of contract appeals shall provide the
advisory opinion in a timely manner to the district court making
the request.
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