Civilian Board of Contract Appeals

Jurisdiction

CBCA has jurisdiction over contract disputes involving civilian executive agencies (all agencies except DoD, which uses the ASBCA). This includes disputes arising from contracts, task orders, delivery orders, and purchase orders. CBCA hears both contractor claims against the government and government claims against contractors. CBCA does NOT have jurisdiction over bid protests challenging contract award decisions — those must go to GAO, COFC, or the agency.

Filing Deadline

Contractors must file a Notice of Appeal with the CBCA within 90 calendar days of receiving the Contracting Officer's Final Decision (COFD). Alternatively, contractors may elect to sue in the Court of Federal Claims within 12 months under the Tucker Act. There is no deadline for submitting the initial claim to the contracting officer, but interest accrues from the date the claim is submitted. For claims over $100,000, the contractor must certify the claim.

Decision Timeline

12-24 months for full proceedings. Expedited procedures are available for claims under $50,000 (decision within 120 days) and accelerated procedures for claims under $100,000 (decision within 180 days). Small claims procedure (under $50,000) results in a summary decision with no precedential value. Settlement occurs in approximately 60-70% of cases before a Board decision.

Authority

Contract Disputes Act (CDA), 41 U.S.C. 7101-7109; CBCA Rules of Procedure

Key Procedures

1. Contractor submits a written claim to the contracting officer (certified for claims over $100,000)
2. Contracting officer issues a Final Decision within 60 days for claims under $100,000 or a reasonable time for larger claims
3. Contractor files a Notice of Appeal with the CBCA within 90 days of the Final Decision
4. CBCA assigns a judge and issues an initial scheduling order
5. Discovery phase includes document production, interrogatories, and depositions as needed
6. Board may appoint a neutral advisor or settlement judge to facilitate resolution
7. If not settled, parties submit pre-hearing briefs, and the Board conducts a hearing with live testimony
8. Board issues a written decision that can be appealed to the U.S. Court of Appeals for the Federal Circuit within 120 days