§7103. Decision by contracting officer — Inbound Citations
41 U.S.C. § 7103
Cited by 10 provisions in release 119-102.
Citations to 41 U.S.C. § 7103 as a whole
-
(C) “adversary adjudication” means (i) an adjudication under section 554 of this title in which the position of the United States is represented by counsel or otherwise, but excludes an adjudication for the purpose of establishing or fixing a rate or for the purpose of granting or renewing a license, (ii) any appeal of a decision made pursuant to section 7103 of title 41 before an agency board of contract appeals as provided in section 7105 of title 41, (iii) any hearing conducted under chapter 38 of title 31, and (iv) the Religious Freedom Restoration Act of 1993;
-
(1) shall be considered a final decision for the purposes of section 7103 of title 41; and
-
(i) subject to subparagraph (B)(iii), and except to the extent such actions are outside the authority of the executive agency under section 7103 of title 41, the head of the executive agency may authorize the contractor to—(I) notify entities, including individuals, of potential overpayments made to those entities;(II) respond to questions concerning potential overpayments; and(III) take other administrative actions with respect to an overpayment claim made or to be made by the executive agency; and
-
(a) A claim for an interest penalty not paid under this chapter may be filed under section 7103 of title 41.
-
(1) shall be considered a final decision for the purposes of section 7103 of this title; and
-
(a) A contractor, within 90 days from the date of receipt of a contracting officer’s decision under section 7103 of this title, may appeal the decision to an agency board as provided in section 7105 of this title.
-
(1) Except as provided in paragraph (2), and in lieu of appealing the decision of a contracting officer under section 7103 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.
-
(3) A 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 section 7103 of this title.
Citations to §7103(a)
-
(1) Interest on an amount found due a contractor on a claim shall be paid to the contractor for the period beginning with the date the contracting officer receives the contractor’s claim, pursuant to section 7103(a) of this title, until the date of payment of the claim.
Citations to §7103(b)(1)
-
(2) On a claim for which the certification under section 7103(b)(1) of this title is found to be defective, any interest due under this section shall be paid for the period beginning with the date the contracting officer initially receives the contractor’s claim until the date of payment of the claim.