About The Board
The Civilian Board of Contract Appeals (CBCA) was established on January 6, 2007,
pursuant to section 847 of the National Defense Authorization Act for Fiscal
Year 2006, to hear and decide contract disputes between government contractors
and civilian executive agencies under the provisions of the Contract Disputes
Act, 41 U.S.C. §§ 7101-7109 (CDA). The CBCA's authority under this statute
extends to all agencies of the federal government except the Department of
Defense and its constituent agencies, the National Aeronautics and Space
Administration, the United States Postal Service, the Postal Regulatory
Commission, and the Tennessee Valley Authority.
The
newly-formed CBCA consolidated into one organization the functions of eight
boards of contract appeals – those of the Departments of Agriculture, Energy,
Housing and Urban Development, Interior, Labor, Transportation, and Veterans
Affairs, and the General Services Administration. The decisions of the
predecessor boards continue as binding precedent at the CBCA. Fourteen
administrative judges appointed by the Administrator of General Services under
41 U.S.C. § 7105(b)(2) preside over cases filed at the CBCA.
In
addition to CDA cases, the CBCA hears and decides various other classes of
cases. These include:
- Cases arising under
the Indian Self-Determination Act, 25 U.S.C. §§ 5325(f), 5331(d);
- Disputes between
insurance companies and the Department of Agriculture's Risk Management Agency
involving actions of the Federal Crop Insurance Corporation under 7 U.S.C. §§
1501 et seq.;
- Claims by federal
employees under 31 U.S.C. § 3702 for reimbursement of expenses incurred while
on official temporary duty travel or in connection with relocation to a new
duty station;
- Claims by carriers or
freight forwarders under 31 U.S.C. § 3726(i)(1) for
payment of transportation services;
- Applications by
prevailing private parties for recovery of litigation and other costs under the
Equal Access to Justice Act, 5 U.S.C. § 504;
- Requests for arbitration under section 601 of the American Recovery
and Reinvestment Act of 2009, Public Law 111-5, and section 565 of the
Consolidated and Further Continuing Appropriations Act, 2013, Pub. L.
No. 113-6, to resolve disputes between applicants and the Federal
Emergency Management Agency (FEMA) as to funding for public assistance
grant applications arising from damages caused by Hurricanes Katrina
and Rita;
- Requests for
arbitration under Section 423 of the Robert T. Stafford Disaster Relief and
Emergency Assistance Act (Stafford Act), 42 U.S.C. § 5189a(d), as amended by
Section 1219 of the Federal Aviation Administration Reauthorization Act of
2018, Pub. L. 115-254, to resolve disputes between FEMA and applicants for
public assistance disaster grants arising from disasters that occurred after
January 1, 2016; and
- Disputes between federal long-term care insurance carriers and the
Office of Personnel Management under 5 U.S.C. Chapter 90 and 5 CFR Part 875.
The
CBCA also offers options for litigating cases intended to shorten and simplify
the proceedings. These options include alternative dispute resolution (ADR),
small claims procedures, accelerated procedures and alternative procedures.