Civilian Board of Contract Appeals Overview
The Civilian Board of Contract Appeals (CBCA) was established on January 7, 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. §§ 7107-7109. 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 Rate 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.
The CBCA encourages the prompt, efficient and inexpensive resolution of contract disputes through the use of alternative dispute resolution (ADR). It uses a variety of techniques intended to shorten and simplify, when appropriate, the formal proceedings normally used to resolve cases. The Board also provides to executive agencies, when jointly requested by an agency and its contractor, alternative dispute resolution services on contract-related matters not covered by the Contract Disputes Act, whether those matters arise before or after a contract has been awarded.
In addition to contract disputes, the CBCA hears and decides various other classes of cases. These include:
- Cases arising under the Indian Self-Determination Act, 25 U.S.C. §§ 450j-1(f), 450m-1(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) involving actions of the General Services Administration regarding payment for 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; and
- Requests for arbitration under section 601 of the American Recovery and Reinvestment Act of 2009, Public Law 111-5, to resolve disputes between applicants and the Federal Emergency Management Agency as to funding for public assistance applications arising from Hurricane Katrina and Rita damage.
Decisions issued by the CBCA, rules of procedure, and additional information may be fond at the US Civilian Board of Contract Appeals.
Web Site: www.cbca.gov