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22 U.S.C. § 3862Panama Canal Board of Contract Appeals

submitted 29 years ago by Pub. L. 96-70 to r/title-22-FOREIGN-RELATIONS-AND-INTERCOURSE · 595 words · no verdicts yet

in plain englishAI-generated · not legal advice

The Secretary of Defense may establish a three-member Panama Canal Board of Contract Appeals. The Board has exclusive authority over specified contract appeals and protests and may perform similar functions for other Commission matters.

(a)(1) After consulting the Commission, the Secretary of Defense may establish the Panama Canal Board of Contract Appeals under the listed provisions of title 41. Unless this section says otherwise, the Board is subject to chapter 71 of title 41 like any other agency board of contract appeals. (a)(2) The Board has three members, and at least one must be licensed to practice law in Panama. Each appointee must take an oath of office in the form prescribed by the Secretary. (a)(3) The Commission’s supervisory board sets members’ compensation. Annual compensation may not exceed the basic-pay rate for level IV of the Executive Schedule under section 5315 of title 5, and a member’s compensation may not be reduced during the term from the level set at appointment. (b) Despite section 7104(b)(1) of title 41 and other law, the Board alone decides appeals from contracting-officer decisions under section 7105(e) of title 41. (c) The Board decides protests submitted under this subsection by interested parties under subchapter V of title 31. Despite sections 3556 of title 31, 1491(b) of title 28, and other law, the Board alone decides those protests. For these protests, references to the Comptroller General in sections 3551-3555 of title 31 mean the Board, except that the reference in section 3553(d)(3)(C)(ii) means both the Board and the Comptroller General. The report required by section 3554(e)(1) must go to the Comptroller General and the committees named there, and the report required by section 3554(e)(2) must go to the Comptroller General and Congress. Section 3556 does not apply to the Board, but an interested party may still file a protest with the appropriate contracting officer. (d) The Board must prescribe procedures needed to decide appeals and protests quickly. (e) It begins functioning when it has been established and has prescribed those procedures. (f) It has authority over appeals and protests filed on or after the date it begins functioning. Matters filed earlier stay before the forum where they were filed. (g) The Board may perform similar functions for other Commission matters or activities if the Commission decides that it should, under Commission regulations.
the actual law source: uscode.house.gov ↗public domain
(a) Establishment
(1)

The Secretary of Defense, in consultation with the Commission, may establish a board of contract appeals, to be known as the Panama Canal Board of Contract Appeals, in accordance with sections 7105(a), (c) to (e), (g), 7106(a), and 7107(a) of title 41. Except as otherwise provided by this section, the Panama Canal Board of Contract Appeals (in this section referred to as the “Board”) shall be subject to chapter 71 of title 41 in the same manner as any other agency board of contract appeals established under that chapter.

(2)

The Board shall consist of three members. At least one member of the Board shall be licensed to practice law in the Republic of Panama. Individuals appointed to the Board shall take an oath of office, the form of which shall be prescribed by the Secretary of Defense.

(3)

Compensation for members of the Board of Contract Appeals shall be established by the Commission’s supervisory board. The annual compensation established for members may not exceed the rate of basic pay established for level IV of the Executive Schedule under section 5315 of title 5. The compensation of a member may not be reduced during the member’s term of office from the level established at the time of the appointment of the member.

(b) Exclusive jurisdiction to decide appeals

Notwithstanding section 7104(b)(1) of title 41 or any other provision of law, the Board shall have exclusive jurisdiction to decide an appeal from a decision of a contracting officer under section 7105(e) of title 41.

(c) Exclusive jurisdiction to decide protests

The Board shall decide protests submitted to it under this subsection by interested parties in accordance with subchapter V 1 of title 31. Notwithstanding section 3556 of that title, section 1491(b) of title 28, and any other provision of law, the Board shall have exclusive jurisdiction to decide such protests. For purposes of this subsection—

(1)

except as provided in paragraph (2), each reference to the Comptroller General in sections 3551 through 3555 of title 31, is deemed to be a reference to the Board;

(2)

the reference to the Comptroller General in section 3553(d)(3)(C)(ii) of such title is deemed to be a reference to both the Board and the Comptroller General;

(3)

the report required by paragraph (1) of section 3554(e) of such title shall be submitted to the Comptroller General as well as the committees listed in such paragraph;

(4)

the report required by paragraph (2) of such section shall be submitted to the Comptroller General as well as Congress; and

(5)

section 3556 of such title shall not apply to the Board, but nothing in this subsection shall affect the right of an interested party to file a protest with the appropriate contracting officer.

(d) Procedures

The Board shall prescribe such procedures as may be necessary for the expeditious decision of appeals and protests under subsections (b) and (c).

(e) Commencement

The Board shall begin to function as soon as it has been established and has prescribed procedures under subsection (d).

(f) Transition

The Board shall have jurisdiction under subsections (b) and (c) over any appeals and protests filed on or after the date on which the Board begins to function. Any appeals and protests filed before such date shall remain before the forum in which they were filed.

(g) Other functions

The Board may perform functions similar to those described in this section for such other matters or activities of the Commission as the Commission may determine and in accordance with regulations prescribed by the Commission.

Source credit: (Pub. L. 96–70, title III, § 3102, as added Pub. L. 105–85, div. C, title XXXV, § 3541, Nov. 18, 1997, 111 Stat. 2071; amended Pub. L. 105–261, div. C, title XXXV, § 3510, Oct. 17, 1998, 112 Stat. 2270.)

history & why it existsrecord from the source credit
  • 1997Enacted · Pub. L. 96-70 · 111 Stat. 2071
  • 1998Amended · Pub. L. 105-261 · 112 Stat. 2270

A history note hasn’t been published yet. The record shows enactment by Pub. L. 96-70 on 1997-11-18.

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