Civilian Board of Contract Appeals

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The Civilian Board of Contract Appeals is an Article I court that was established under the Contract Disputes Act of 1978, 41 U.S.C. § 601-603, as an independent tribunal to hear and decide contract disputes between government contractors and the General Services Administration (GSA) and other executive agencies of the United States.

Jurisdiction[edit]

The Board of Contract Appeals decides disputes between contractors and executive agencies of the United States, including the Departments of State, Treasury, Commerce, and Education. The Board of Contract Appeals also decides claims by federal employees for reimbursement of expenses for official temporary duty travel or relocation to a new duty station under 31 U.S.C. § 3702, claims by carriers or freight forwarders involving rate determinations under 31 U.S.C. § 3726, and claims for the proceeds of the sale of property of certain federal civilian employees who are dead, ill or missing.5 U.S.C. § 5564.

In 2006, The General Services Administration Board of Contract Appeals was one of seven boards of contract appeals that were consolidated into a new Civilian Board of Contract Appeals. The Civilian Board of Contract Appeals was established by section 847 of the National Defense Authorization Act for Fiscal Year 2006, with an effective date of January 6, 2007, 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. §§ 601-613, 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, the Federal Aviation Administration (49 U.S.C. 40110(d)(4)), and the Tennessee Valley Authority.

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

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

-- Claims under the Federal Emergency Management Administration's Public Assistance Grant Program funding resulting from damages incurred by hurricanes Katrina and Rita (44 CFR § 206.209)

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