CFR > Title 25 - Indians > CHAPTER V—BUREAU OF INDIAN AFFAIRS, DEPARTMENT OF THE INTERIOR, AND INDIAN HEALTH SERVICE, DEPARTMENT OF HEALTH AND HUMAN SERVICES > PART 900—CONTRACTS UNDER THE INDIAN SELF-DETERMINATION AND EDUCATION ASSISTANCE ACT > SUBPART N—Post-Award Contract Disputes (§900.215 to §900.230) > 900.227—Can the awarding official change the decision after it has been made?

900.227—Can the awarding official change the decision after it has been made?

(a) The decision of the awarding official is final and conclusive, and not subject to review by any forum, tribunal or government agency, unless an appeal or suit is timely commenced as authorized by the Contract Disputes Act. Once the decision has been made, the awarding official may not change it, except by agreement of the parties, or under the following limited circumstances:
(1) If evidence is discovered which could not have been discovered through due diligence before the awarding official issued the decision;
(2) If the awarding official learns that there has been fraud, misrepresentation, or other misconduct by a party;
(3) If the decision is beyond the scope of the awarding official's authority;
(4) If the claim has been satisfied, released or discharged; or
(5) For any other reason justifying relief from the decision.
(b) Nothing in this subpart shall be interpreted to discourage settlement discussions or prevent settlement of the dispute at any time.
(c) If a decision is withdrawn and a new decision is issued that is not acceptable to the contractor, the contractor may proceed with the appeal based on the new decision. If no new decision is issued, the contractor may proceed under § 900.224.
(d) If an appeal or suit is filed, the awarding official may modify or withdraw his or her final decision.