5 U.S.C. § 8983
(a)
(2)
The
Office shall ensure that each resulting contract is awarded on the basis of contractor qualifications, price, and reasonable competition.
(b)
Each contract under this section shall contain—
(1)
the requirements under
section 8902(d), (f), and (i) made applicable to contracts under this section by regulations prescribed by the
Office;
(2)
the terms of the enrollment period; and
(3)
such other terms and conditions as may be mutually agreed to by the
Office and the
qualified company involved, consistent with the requirements of this chapter and regulations prescribed by the
Office.
(c)
Nothing in this chapter shall, in the case of an individual electing vision supplemental benefit coverage under this chapter after the expiration of such individual’s first opportunity to enroll, preclude the application of waiting periods more stringent than those that would have applied if that opportunity had not yet expired.
(d)
(1)
Each contract under this chapter shall require the
qualified company to
agree—
(A)
to provide payments or benefits to an
eligible individual if such individual is entitled thereto under the terms of the contract; and
(B)
with respect to disputes regarding claims for payments or benefits under the terms of the contract—
(i)
to establish internal procedures designed to expeditiously resolve such disputes; and
(ii)
to establish, for disputes not resolved through procedures under
clause (i), procedures for 1 or more alternative means of dispute resolution involving independent third-party review under appropriate circumstances by entities mutually acceptable to the
Office and the
qualified company.
(2)
A determination by a
qualified company as to whether or not a particular individual is
eligible to obtain coverage under this chapter shall be subject to review only to the extent and in the manner provided in the applicable contract.
(3)
For purposes of applying the Contract Disputes Act of 1978
1 to disputes arising under this chapter between a
qualified company and the
Office—
(A)
the
agency board having jurisdiction to decide an appeal relative to such a dispute shall be such
board of contract appeals as the
Director of the
Office of Personnel Management shall specify in writing (after appropriate arrangements, as described in section 8(c)
1 of such Act); and
(B)
the district
courts of the
United States shall have original jurisdiction, concurrent with the
United States Court of Federal Claims, of any action described in section 10(a)(1)
1 of such Act relative to such a dispute.
(e)
Nothing in this section shall be considered to grant
authority for the
Office or third-party reviewer to change the terms of any contract under this chapter.
(f)
Contracts under this chapter shall be for a uniform term of 7 years and may not be renewed automatically.
Notes, amendments, and revision history
(Added Pub. L. 108–496, § 3, Dec. 23, 2004, 118 Stat. 4007; amended Pub. L. 111–350, § 5(a)(17), Jan. 4, 2011, 124 Stat. 3842.)
Editorial Notes
References in Text
The Contract Disputes Act of 1978, referred to in subsec. (d)(3), is Pub. L. 95–563, Nov. 1, 1978, 92 Stat. 2383, which was classified principally to chapter 9 (§ 601 et seq.) of former Title 41, Public Contracts, and was substantially repealed and restated as chapter 71 (§ 7101 et seq.) of Title 41, Public Contracts, by Pub. L. 111–350, §§ 3, 7(b), Jan. 4, 2011, 124 Stat. 3677, 3855. Sections 8(c) and 10(a)(1) of the Act, which were classified to sections 607(c) and 609(a)(1), respectively, of former Title 41, were repealed and restated as section 7105(d), (e)(1)(C) and section 7104(b)(1), respectively, of Title 41. For complete classification of this Act to the Code, see Tables. For disposition of sections of former Title 41, see Disposition Table preceding section 101 of Title 41.
Amendments
2011—Subsec. (a)(1). Pub. L. 111–350 substituted “section 6101(b) to (d) of title 41” for “section 5 of title 41”.
Statutory Notes and Related Subsidiaries
Effective Date
Section effective Dec. 23, 2004, and applicable to contracts that take effect with respect to the calendar year 2006, see section 7 of Pub. L. 108–496, set out as a note under section 8951 of this title.