18 C.F.R. § 1308.12

Submission and decision of Contractor's claim

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(a) If Contractor and TVA are unable to resolve Contractor's request for relief by agreement within a reasonable time, Contractor may submit a claim to the Contracting Officer.

(b) The Contracting Officer shall issue a decision to the Contractor on a submitted claim in conformity with the contract's disputes clause. Specific findings of fact are not required, but may be made. Such findings are not binding in any subsequent proceeding except as provided in § 1308.15. The decision shall:

(1) Be in writing;

(2) State the reasons for the decision reached;

(3) Include information about the Contractor's rights of appeal under sections 7 and 10 of the Act (including time limits); and

(4) Notify the Contractor, as appropriate, of the special procedures available under §§ 1308.35 and 1308.36 at the Contractor's election. A copy of the provisions of this part shall be furnished with the decision.

Notes of Decisions

Cited in 1 case, 1985–1985 · leading case: Massman Constr. Co. v. Tennessee Valley Auth., 769 F.2d 1114 (6th Cir. 1985).

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Massman Constr. Co. v. Tennessee Valley Auth., 769 F.2d 1114 (6th Cir. 1985). “Under 18 C.F.R. § 1308.12 (b)(3) TVA is required to include “information about a contractor’s right of appeal” under the Act to all such contractors in the final decision of the contracting officer.”

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