§ 7104. Contractor’s right of appeal from decision by contracting officer

• (a) A contractor, within 90 days from the date of receipt of a contracting officer’s decision under section 7103 of this title , may appeal the decision to an agency board as provided in section 7105 of this title .
• (b)
  • (1) Except as provided in paragraph (2), and in lieu of appealing the decision of a contracting officer under section 7103 of this title to an agency board, a contractor may bring an action directly on the claim in the United States Court of Federal Claims, notwithstanding any contract provision, regulation, or rule of law to the contrary.
  • (2) In the case of an action against the Tennessee Valley Authority, the contractor may only bring an action directly on the claim in a district court of the United States pursuant to section 1337 of title 28 , notwithstanding any contract provision, regulation, or rule of law to the contrary.
  • (3) A contractor shall file any action under paragraph (1) or (2) within 12 months from the date of receipt of a contracting officer’s decision under section 7103 of this title .
  • (4) An action under paragraph (1) or (2) shall proceed de novo in accordance with the rules of the appropriate court.