Page:United States Statutes at Large Volume 108 Part 4.djvu/688

From Wikisource
Jump to navigation Jump to search
This page needs to be proofread.

108 STAT. 3322 PUBLIC LAW 103-355—OCT. 13, 1994 PART II—ACQUISITIONS GENERALLY SEC. 2351. CONTRACT DISPUTES ACT IMPROVEMENTS. (a) PERIOD FOR FILING CLAIMS. —Section 6 of the Contract Dis- Eutes Act of 1978 (41 U.S.C. 605) is amended in subsection (a) y inserting after the second sentence the following: "Each claim by a contractor against the government relating to a contract and each claim by the government against a contractor relating to a contract shall be submitted within 6 years after the accrual of the claim. The preceding sentence does not apply to a claim by the government against a contractor that is based on a claim by the contractor involving fraud.". 41 USC 605 note. (2) Notwithstanding the third sentence of section 6(a) of the Contract Disputes Act of 1978, as added by paragraph (1), if a contract in existence on the date of the enactment of this Act requires that a claim referred to in that sentence be submitted earlier than 6 years after the accrual of the claim, then the claim shall be submitted within the period required by the contract. The preceding sentence does not apply to a claim by the Federal Government against a contractor tnat is based on a claim by the contractor involving fraud. (b) INCREASED THRESHOLD FOR CERTIFICATION, DECISION, AND NOTIFICATION REQUIREMENTS.—Subsection (c) of such section is amended by striking out "$50,000" each place it appears and inserting in lieu thereof "$100,000". (c) INCREASED MAXIMUM FOR APPLICABILITY OF ACCELERATED PROCEDURES.— Section 8(f) of the Contract Disputes Act of 1978 (41 U.S.C. 607(f)) is amended by striking out "$50,000" in the first sentence and inserting in lieu thereof "$100,000". (d) INCREASED MAXIMUM FOR APPLICABILITY OF SMALL CLAIMS PROCEDURE. — Section 9(a) of the Contract Disputes Act of 1978 (41 U.S.C. 608(a)) is amended by striking out "$10,000" in the first sentence and inserting in lieu thereof "$50,000". (e) REQUESTS FOR ISSUANCE OF DECISIONS. —Paragraph (4) of section 6(c) of the Contract Disputes Act of 1978 (41 U.S.C. 605(c)) is amended— (1) by striking out "agency board of contract appeals" and inserting in lieu thereof "tribunal concerned"; and (2) by striking out 'Tsoard," and inserting in lieu thereof "tribunal concerned,". SEC. 2362. EXTENSION OF ALTERNATIVE DISPUTE RESOLUTION AUTHORITY. (a) EXTENSION OF AUTHORITY.— Section 6(e) of the Contracts Disputes Act of 1978 (41 U.S.C. 605(e)) is amended by striking out "October 1, 1995" and inserting in lieu thereof "October 1, 1999". (b) AVAILABILITY OF PROCEDURES TO SMALL BUSINESS GOVERN- MENT CONTRACTORS.^^ection 6(e) of such Act is amended by inserting after the first sentence the following: "In any case in which the contracting officer rejects a contractor's request for alternative dispute resolution proceedings, the contracting officer shall provide the contractor with a written explanation, citing one or more of the conditions in section 572(b) of title 5, United States Code, or such other specific reasons that alternative dispute resolution procedures are inappropriate for the resolution of the dispute. In any case in which a contractor rejects a request of an agency