CFR Subpart A

CFR Subpart A
in effect

18 C.F.R. § 1308.1 Purpose and organization.

The regulations in this part implement the Contract Disputes Act of 1978 as it relates to TVA. This part consists of 5 subparts. Subpart A deals with matters applicable throughout the part, incuding definitions. Subpart B deals with Contracting Officers' decisions. Subpart C deals with general matters concerning the TVA Board of Contract Appeals. Subpart D deals with hearing and prehearing procedures, including discovery. Subpart E deals with subpoenas.

18 C.F.R. § 1308.2 Definitions.

For the purposes of this part, unless otherwise provided: (a) The term Act means the Contract Disputes Act of 1978, 92 Stat. 2383-91. (b) The term Board means the TVA Board of Contract Appeals. (c) The term claim means a written demand by a Contractor, in compliance with this paragraph, for a decision by a Contracting Officer under a disputes clause. A claim must: (1) State the amount of monetary relief, or the kind of nonmonetary relief, sought, and identify the contract provision relied upon; (2) Include sufficient supporting data to permit the Contracting Officer to decide the claim, or provide appropriate reference to previously submitted data; (3) If monetary relief totalling more than $50,000 is involved, include a signed certification by the Contractor that the claim is made in good faith, that the supporting data are accurate and complete to the best of the Contractor's knowledge and belief, and that the amount requested accurately reflects the contract adjustment for which the Contractor believes TVA is liable; (4) Be signed by the Contractor, or on its behalf if the Contractor is other than an individual. If signed on a Contractor's behalf, the claim must include evidence of the authority of the individual so signing it, and of the individual signing any certification required by this paragraph, unless such authority appears in the contract or contract file. (d) The term contract means an agreement in writing entered into by TVA for: (1) The procurement of property, other than real property in being; (2) The procurement of nonpersonal services; (3) The procurement of construction, alteration, repair or maintenance of real property; or (4) The disposal of personal property. The term “contract” does not include any TVA contract for the sale of fertilizer or electric power, or any TVA contract related to the conduct or operation of the electric power system. (e) The term Contracting Officer means TVA's Director of Purchasing, or duly authorized representative acting within the limits of the representative's authority. The TVA Purchasing Agent who administers a contract for TVA is designated as the duly authorized representative of the Director of Purchasing to act as Contracting Officer for all purposes in the administration of the contract (including, without limitation, decision of claims under the disputes clause). Such a designation continues until it is revoked or modified by written notice to the Contractor and the Purchasing Agent from TVA's Director of Purchasing. (f) The term Contractor means a party to a TVA contract which contains a disputes clause. The term “Contractor” does not include TVA. (g) The term disputes clause means a clause in a TVA contract requiring that a contract dispute be resolved through a TVA-conducted administrative process. It does not include, for example, arbitration provisions, or provisions specifying an independent third party to decide certain kinds of matters or special mechanisms to establish prices or price adjustments in contracts. (h) The term Hearing Officer means a member of the Board who has been designated to hear and determine a particular matter pending before the Board. (i) The term TVA means the Tennessee Valley Authority. (j) A term defined as in a contract subject to this part shall have the meaning given it in the contract.

18 C.F.R. § 1308.3 Exclusions.

(a) This part does not apply to any TVA contract which does not contain a disputes clause. (b) Except as otherwise specifically provided, this part does not apply to any TVA contract entered into prior to March 1, 1979, or to any dispute relating to such a contract.

18 C.F.R. § 1308.4 Coverage of certain excluded Contractors.

(a) A Contractor whose contract is excluded from this part under § 1308.3(b) may elect to proceed under this part and the Act with respect to any dispute pending before a Contracting Officer on March 1, 1979, or initiated thereafter. If the disputes clause in the contract is not an “all disputes” clause (see Patton Wrecking & Dem. Co. v. Tennessee Valley Authority, 465 F.2d 1073 (5th Cir. 1972)), a Contractor's election under this section shall cause the provisions of the first two sentences of section 6(a) of the Act to apply to the contract, and such an election shall be irrevocable. (b) A Contractor makes an election under paragraph (a) of this section by giving written notice to the Contracting Officer stating that the Contractor elects to proceed with the dispute under the Act. For disputes pending on March 1, 1979, the notice shall be actually received by the Contracting Officer within 30 days after the Contractor receives the Contracting Officer's decision. For disputes initiated thereafter, the notice shall be included in the document first requesting a decision by the Contracting Officer.

18 C.F.R. § 1308.5 Interest.

TVA shall pay a Contractor interest on the amount found to be due on a claim: (a) From the date payment is due under the contract or the Contracting Officer receives the claim, whichever is later, until TVA makes payment; (b) At the rate payable pursuant to section 12 of the Act on the date from which interest runs pursuant to paragraph (a) of this section.

18 C.F.R. § 1308.6 Fraudulent claims.

(a) If a Contractor is unable to support any part of a claim and it is determined that such inability is attributable to the Contractor's misrepresentation of fact or fraud, the Contractor shall be liable to TVA, as set out in section 5 of the Act, for: (1) An amount equal to the unsupported part of the claim; plus (2) All TVA's costs attributable to reviewing that part of the claim. (b) The term “misrepresentation of fact” has the meaning given it in section 2(7) of the Act. (c) Prior to TVA's filing suit for amounts due under this section, TVA shall provide the Contractor with a copy of any opinion under § 1308.16 or § 1308.37(b), and shall request the Contractor to pay voluntarily the amount TVA asserts is due to it. (d) A determination by TVA that fraud or misrepresentation of the fact has been committed is not subject to decision under a disputes clause. (e) The provisions of this section are in addition to whatever penalties or remedies may otherwise be provided by law.

18 C.F.R. § 1308.7 Effective date.

Subject to § 1308.3(a), this part applies to any TVA contract having an effective date on or after March 1, 1979.

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