((a)) ** .—** A contractor, within 90 days from the date of receipt of a contracting officer’s decision under , may appeal the decision to an agency board as provided in .

((b))

((1)) ** .—** Except as provided in paragraph (2), and in lieu of appealing the decision of a contracting officer under 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 , 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 .

((4)) ** .—** An action under paragraph (1) or (2) shall proceed de novo in accordance with the rules of the appropriate court.