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TITLE 41 > CHAPTER 9 > Sec. 605.

Notes on Sec. 605.

SOURCE
Pub. L. 95-563, Sec. 6, Nov. 1, 1978, 92 Stat. 2384
Pub. L. 101-552, Sec. 6(a), Nov. 15, 1990, 104 Stat. 2745
Pub. L. 102-572, title IX, Sec. 907(a)(1), Oct. 29, 1992, 106 Stat. 4518
Pub. L. 103-355, title II, Sec. 2351(a)((1)), (b), (e), 2352, Oct. 13, 1994, 108 Stat. 3322
Pub. L. 104-106, div. D, title XLIII, Sec. 4321(a)(6), (7), 4322(b)(6), Feb. 10, 1996, 110 Stat. 671, 677
Pub. L. 104-320, Sec. 6, Oct. 19, 1996, 110 Stat. 3871
Pub. L. 105-85, div. A, title X, Sec. 1073(g)(3), Nov. 18, 1997, 111 Stat. 1906.

AMENDMENTS

1997 - Subsecs. (d), (e). Pub. L. 105-85 struck out ''(as in effect on September 30, 1995)'' after ''title 5'' wherever appearing. 1996 - Subsec. (a). Pub. L. 104-106, Sec. 4321(a)(6), made technical correction to Pub. L. 103-355, Sec. 2351(a). See 1994 Amendment note below.

Subsec. (d). Pub. L. 104-320, Sec. 6(1), substituted ''The contractor shall certify the claim when required to do so as provided under subsection (c)(1) of this section or as otherwise required by law.'' for ''In a case in which such alternative means of dispute resolution or other mutually agreeable procedures are used, the contractor shall certify that the claim is made in good faith, that the supporting data are accurate and complete to the best of his or her knowledge and belief, and that the amount requested accurately reflects the contract adjustment for which the contractor believes the Government is liable.''

Pub. L. 104-106, Sec. 4322(b)(6), inserted ''(as in effect on September 30, 1995)'' after ''title 5'' in two places.

Subsec. (e). Pub. L. 104-320, Sec. 6(2), struck out first sentence which read as follows: ''The authority of agencies to engage in alternative means of dispute resolution proceedings under subsection (d) of this section shall cease to be effective on October 1, 1999, except that such authority shall continue in effect with respect to then pending dispute resolution proceedings which, in the judgment of the agencies that are parties to such proceedings, require such continuation, until such proceedings terminate.''

Pub. L. 104-106, Sec. 4322(b)(6), inserted ''(as in effect on September 30, 1995)'' after ''title 5''.

Pub. L. 104-106, Sec. 4321(a)(7), made technical amendment to Pub. L. 103-355, Sec. 2352(b). See 1994 Amendment note below. 1994 - Subsec. (a). Pub. L. 103-355, Sec. 2351(a)(1), as amended by Pub. L. 104-106, Sec. 4321(a)(6), inserted after second sentence ''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.''

Subsec. (c). Pub. L. 103-355, Sec. 2351(b), substituted ''$100,000'' for ''$50,000'' wherever appearing.

Subsec. (c)(4). Pub. L. 103-355, Sec. 2351(e), substituted ''tribunal concerned'' for ''agency board of contract appeals'' and ''tribunal concerned,'' for ''board,''.

Subsec. (e). Pub. L. 103-355, Sec. 2352(b), as amended by Pub. L. 104-106, Sec. 4321(a)(7), inserted after first sentence ''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 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 for alternative dispute resolution proceedings, the contractor shall inform the agency in writing of the contractor's specific reasons for rejecting the request.''

Pub. L. 103-355, Sec. 2352(a), substituted ''October 1, 1999'' for ''October 1, 1995''. 1992 - Subsec. (c)(1). Pub. L. 102-572, Sec. 907(a)(1)(A), struck out ''and'' after ''belief,'' and inserted before period at end '', and that the certifier is duly authorized to certify the claim on behalf of the contractor''.

Subsec. (c)(6), (7). Pub. L. 102-572, Sec. 907(a)(1)(B), added pars. (6) and (7). 1990 - Subsecs. (d), (e). Pub. L. 101-552 added subsecs. (d) and (e)

EFFECTIVE DATE OF 1996 AMENDMENT

Section 4321(a) of Pub. L. 104-106 provided that the amendment made by that section is effective as of Oct. 13, 1994, and as if included in Pub. L. 103-355 as enacted.

For effective date and applicability of amendment by section 4322(b)(6) of Pub. L. 104-106, see section 4401 of Pub. L. 104-106, set out as a note under section 251 of this title

EFFECTIVE DATE OF 1994 AMENDMENT

For effective date and applicability of amendment by Pub. L. 103-355, see section 10001 of Pub. L. 103-355, set out as a note under section 251 of this title

EFFECTIVE DATE OF 1992 AMENDMENT

Section 907(a)(2) of Pub. L. 102-572 provided that: ''The amendment made by paragraph (1)(B) (amending this section) shall be effective with respect to all claims filed before, on, or after the date of the enactment of this Act (Oct. 29, 1992), 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.'' Section 907(a)(4) of Pub. L. 102-572 provided that: ''The amendments made by paragraph (1)(A) (amending this section) 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.'' (For effective date of implementing regulations, see 59 F.R. 11368, Mar. 10, 1994.)

EFFECT OF CONTRACT PROVISIONS PROVIDING FOR SUBMISSION OF CLAIMS EARLIER THAN SIX YEARS AFTER ACCRUAL

Section 2351(a)(2) of Pub. L. 103-355 provided that: ''Notwithstanding the third sentence of section 6(a) of the Contract Disputes Act of 1978 (41 U.S.C. 605(a)), as added by paragraph (1), if a contract in existence on the date of the enactment of this Act (Oct. 13, 1994) 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 that is based on a claim by the contractor involving fraud.''

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 256, 606, 609, 611 of this title; title 5 section 504; title 10 section 2324; title 28 section 1491; title 31 section 3907

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