Civilian Board of Contract Appeals Overview

The Civilian Board of Contract Appeals (CBCA) was established by section 847 of the National Defense Authorization Act for Fiscal Year 2006 to hear and decide contract disputes between government contractors and executive agencies under the provisions of the Contract Disputes Act of 1978, 41 U.S.C. §§ 7101-7109, and regulations and rules issued under that statute. The Board’s authority extends to all agencies other than the Department of Defense, the Department of the Army, the Department of the Navy, the Department of the Air Force, the National Aeronautics and Space Administration, the United States Postal Service, the Postal Rate Commission, and the Tennessee Valley Authority.

The CBCA uses a variety of techniques intended to shorten and simplify, when appropriate, the formal proceedings normally used to resolve contract disputes. The Board fully supports the use of alternative dispute resolution (ADR) in all appropriate cases; it encourages the prompt, expert, and inexpensive resolution of contract disputes as promoted by the Administrative Dispute Resolution Act. In addition, the CBCA provides to other executive agencies, when jointly requested by an agency and its contractor, alternative dispute resolution services on contract-related matters, whether arising before or after a contract has been awarded.

The CBCA also hears and decides various additional classes of cases, including:

-- Cases arising under the Indian Self-Determination Act, 25 U.S.C. §§ 450 et seq.;

-- 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; and

-- Claims by carriers or freight forwarders under 31 U.S.C. § 3726(i)(i) 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 about the Board may be found at www.cbca.gov.