The Civilian Board of Contract Appeals (CBCA) is an

Article I court Federal tribunals in the United States are those tribunals established by the federal government of the United States for the purpose of resolving disputes involving or arising under federal laws, including questions about the constitutionality ...

that was established under the

Contract Disputes Act of 1978 The Contract Disputes Act of 1978 ("CDA", , ), which became effective on March 1, 1979, establishes the procedures for handling "claims" relating to United States Federal Government contracts. It is codified, as amended, at . Claims by contractors ...

as an independent tribunal to hear and decide

contract A contract is a legally enforceable agreement between two or more parties that creates, defines, and governs mutual rights and obligations between them. A contract typically involves the transfer of goods, services, money, or a promise to tr ...

disputes between

Government contractor A government contractor is a company (privately owned, publicly traded or a state-owned enterprise)either for profit or non-profitthat produces goods or services under contract for the government. Some communities are largely sustained by governm ...

s and the

General Services Administration The General Services Administration (GSA) is an independent agency of the United States government established in 1949 to help manage and support the basic functioning of federal agencies. GSA supplies products and communications for U.S. gover ...

(GSA) and other civilian Executive agencies of the

United States The United States of America (U.S.A. or USA), commonly known as the United States (U.S. or US) or America, is a country Continental United States, primarily located in North America. It consists of 50 U.S. state, states, a Washington, D.C., ...

Jurisdiction

The Civilian Board of Contract Appeals decides disputes between Government contractors and Executive agencies of the United States. The Board's authority extends to all Executive agencies other than the

Department of Defense Department of Defence or Department of Defense may refer to: Current departments of defence * Department of Defence (Australia) * Department of National Defence (Canada) * Department of Defence (Ireland) * Department of National Defense (Philipp ...

, the

National Aeronautics and Space Administration The National Aeronautics and Space Administration (NASA ) is an independent agency of the US federal government responsible for the civil space program, aeronautics research, and space research. NASA was established in 1958, succeeding ...

, the

United States Postal Service The United States Postal Service (USPS), also known as the Post Office, U.S. Mail, or Postal Service, is an independent agency of the executive branch of the United States federal government responsible for providing postal service in the ...

, the Postal Regulatory Commission, the

Federal Aviation Administration The Federal Aviation Administration (FAA) is the largest transportation agency of the U.S. government and regulates all aspects of civil aviation in the country as well as over surrounding international waters. Its powers include air traffic ...

((d)(4)), and the

Tennessee Valley Authority The Tennessee Valley Authority (TVA) is a federally owned electric utility corporation in the United States. TVA's service area covers all of Tennessee, portions of Alabama, Mississippi, and Kentucky, and small areas of Georgia, North Carolin ...

. Its

original jurisdiction In common law legal systems original jurisdiction of a court is the power to hear a case for the first time, as opposed to appellate jurisdiction, when a higher court has the power to review a lower court's decision. India In India, the Su ...

over claims involving Government contract disputes partially overlaps as

concurrent jurisdiction Concurrent jurisdiction exists where two or more courts from different systems simultaneously have jurisdiction over a specific case. This situation leads to forum shopping, as parties will try to have their civil or criminal case heard in th ...

with the

United States Court of Federal Claims The United States Court of Federal Claims (in case citations, Fed. Cl. or C.F.C.) is a United States federal court that hears monetary claims against the U.S. government. It was established by statute in 1982 as the United States Claims Court, ...

under the

, and the "Big"

Tucker Act The Tucker Act (March 3, 1887, ch. 359, , ) is a federal statute of the United States by which the United States government has waived its sovereign immunity with respect to certain lawsuits. The Tucker Act may be divided into the "Big" Tucker A ...

(), but not the

United States district courts The United States district courts are the trial courts of the U.S. federal judiciary. There is one district court for each federal judicial district, which each cover one U.S. state or, in some cases, a portion of a state. Each district cou ...

for claims less than $10,000 under the "Little" Tucker Act ((a)(2)). The

United States Court of Appeals for the Federal Circuit The United States Court of Appeals for the Federal Circuit (in case citations, Fed. Cir. or C.A.F.C.) is a United States court of appeals that has special appellate jurisdiction over certain types of specialized cases in the U.S. federal cou ...

may exercise

appellate jurisdiction A court of appeals, also called a court of appeal, appellate court, appeal court, court of second instance or second instance court, is any court of law that is empowered to hear an appeal of a trial court or other lower tribunal. In much ...

over decisions of the Board involving Government contract disputes ( and (a)(1)). The Board also hears and decides various additional classes of cases, including: *Cases arising under the Indian Self-Determination Act, et seq.; *Disputes between

insurance companies Insurance is a means of protection from financial loss in which, in exchange for a fee, a party agrees to compensate another party in the event of a certain loss, damage, or injury. It is a form of risk management, primarily used to hedge ...

and the

U.S. Department of Agriculture The United States Department of Agriculture (USDA) is the federal executive department responsible for developing and executing federal laws related to farming, forestry, rural economic development, and food. It aims to meet the needs of comme ...

Risk Management Agency The Risk Management Agency (RMA) is an agency of the U.S. Department of Agriculture, which manages the Federal Crop Insurance Corporation (FCIC). The current Administrator is Marcia Bunger. History The Risk Management Agency (RMA) was create ...

involving actions of the Federal

Crop Insurance Crop insurance is purchased by agricultural producers, and subsidized by the federal government, to protect against either the loss of their crops due to natural disasters, such as hail, drought, and floods, or the loss of revenue due to declines ...

Corporation under et seq.; *Claims by Federal employees under 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 (i)(1) involving actions of the General Services Administration regarding payment for transportation services; *Claims under the

Federal Emergency Management Agency The Federal Emergency Management Agency (FEMA) is an agency of the United States Department of Homeland Security (DHS), initially created under President Jimmy Carter by Presidential Reorganization Plan No. 3 of 1978 and implemented by two Ex ...

's Public Assistance Grant Program funding resulting from damages incurred by

Hurricanes A tropical cyclone is a rapidly rotating storm system characterized by a low-pressure center, a closed low-level atmospheric circulation, strong winds, and a spiral arrangement of thunderstorms that produce heavy rain and squalls. Depend ...

Katrina and

Rita Rita may refer to: People * Rita (given name) * Rita (Indian singer) (born 1984) * Rita (Israeli singer) (born 1962) * Rita (Japanese singer) * Eliza Humphreys (1850–1938), wrote under the pseudonym Rita Places * Djarrit, also known as R ...

(); and *Claims for the proceeds of the sale of property of certain Federal civilian employees who are dead, ill, or missing under .

Procedure

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 Alternative dispute resolution (ADR), or external dispute resolution (EDR), typically denotes a wide range of dispute resolution processes and techniques that parties can use to settle disputes with the help of a third party. They are used for ...

(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.

History

The Civilian Board of Contract Appeals was established by Section 847 of the

National Defense Authorization Act The National Defense Authorization Act (NDAA) is the name for each of a series of United States federal laws specifying the annual budget and expenditures of the U.S. Department of Defense. The first NDAA was passed in 1961. The U.S. Congress o ...

for

Fiscal Year A fiscal year (or financial year, or sometimes budget year) is used in government accounting, which varies between countries, and for budget purposes. It is also used for financial reporting by businesses and other organizations. Laws in many ...

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

, and regulations and rules issued under that statute. The Civilian Board of Contract Appeals was created by consolidating eight former boards of contract appeals:''Board of Contract Appeals; The Establishment of The Civilian Board of Contract Appeals and the Termination of The Boards of Contract Appeals of the General Services Administration and the Departments of Agriculture, Energy, Housing and Urban Development, Interior, Labor, Transportation, and Veterans Affairs'', (Nov. 9, 2006). *General Services Administration Board of Contract Appeals (GSBCA) *Department of Transportation Board of Contract Appeals (DOTBCA) *Department of Agriculture Board of Contract Appeals (AGBCA) *Department of Veterans Affairs Board of Contract Appeals (VABCA) *Department of the Interior Board of Contract Appeals (IBCA) *Department of Energy Board of Contract Appeals (EBCA) *Department of Housing and Urban Development Board of Contract Appeals (HUDBCA) *Department of Labor Board of Contract Appeals (LBCA)

References

External links

* {{DEFAULTSORT:Civilian Board Of Contract Appeals

Contract A contract is a legally enforceable agreement between two or more parties that creates, defines, and governs mutual rights and obligations between them. A contract typically involves the transfer of goods, services, money, or a promise to tr ...

General Services Administration Government procurement in the United States 2007 establishments in the United States Courts and tribunals established in 2007

Jurisdiction

Procedure

History

See also

References

External links