Pub. L. 102-572, tit. IX, sec. 907

JURISDICTION.

EnactedYear: 1992Length: 549 wordsOfficial source
SEC. 907. JURISDICTION. (a) Certifications.— (1) Section 6(c) of the Contract Disputes Act of 1978 (41 U.S.C. 605(c)) is amended— (A) in paragraph (1) in the second sentence— (i) by striking “and” after “belief,”; and (ii) by inserting before the period at the end of the sentence the following: “, and that the certifier is duly authorized to certify the claim on behalf of the contractor”; and (B) by adding at the end the following: “(6) The contracting officer shall have no obligation to render a final decision on any claim of more than $50,000 that is not certified in accordance with paragraph (1) if, within 60 days after receipt of the claim, the contracting officer notifies the contractor in writing of the reasons why any attempted certification was found to be defective. A defect in the certification of a claim shall not deprive a court or an agency board of contract appeals of jurisdiction over that claim. Prior to the entry of a final judgment by a court or a decision by an agency board of contract appeals, the court or agency board shall require a defective certification to be corrected. “(7) The certification required by paragraph (1) may be executed by any person duly authorized to bind the contractor with respect to the claim.”. (2) The amendment made by paragraph (1)(B) shall be effective with respect to all claims filed before, on, or after the date of the enactment of this Act, except for those claims which, before such date of enactment, have been the subject of an appeal to an agency board of contract appeals or a suit in the United States Claims Court. (3) If any interest is due under section 12 of the Contract Disputes Act of 1978 on a claim for which the certification under section 6(c)(1) is, on or after the date of the enactment of this Act, found to be defective shall be paid from the later of the date on which the contracting officer initially received the claim or the date of the enactment of this Act. 106 STAT. 4519 (4) The amendments made by paragraph (1)(A) shall be effective with respect to certifications executed more than 60 days after the effective date of amendments to the Federal Acquisition Regulation implementing the amendments made by paragraph (1)(A) with respect to the certification of claims. (b) Jurisdiction of Court of Federal Claims.— (1) Section 1491(a)(2) of title 28, United States Code, is amended in the last sentence by inserting before the period at the end the following: “, including a dispute concerning termination of a contract, rights in tangible or intangible property, compliance with cost accounting standards, and other nonmonetary disputes on which a decision of the contracting officer has been issued under section 6 of that Act”. (2) The amendment made by paragraph (1) shall be effective with respect to all actions filed before, on, or after the date of the enactment of this Act, except for those actions which, before such date of enactment, have been the subject of— (A) a final judgment of the United States Claims Court, if the time for appeal of that judgment has expired without an appeal having been filed, or (B) a final judgment of the Court of Appeals for the Federal Circuit.
Pub. L. 102-572, tit. IX, sec. 907: JURISDICTION. | Justis AI