Choosing the right forum and framing your appeals case correctly can save you thousands in unnecessary litigation costs.
When a contracting officer denies a claim under the Contract Disputes Act, filing an appeal to the Civilian Board of Contract Appeals (CBCA) would be the next step.
Not all claims appeal cases against the federal government are filed at the civilian board. Therefore, government contractors must be careful choosing the forum to file an appeal.
Cases Heard by the Civilian Board of Contract Appeals
The CBCA can hear contract claim appeals from government agencies except for contracting officer denials from the National Aeronautics and Space Administration, the United States Postal Service, the Postal Regulatory Commission, the Tennessee Valley Authority, and the Departments of Defense, the Army, the Navy, and the Air Force.
- The Civilian Board of Contract Appeals will hear cases that appeal the decisions related to the Contract Disputes Act (41 USC 7101 through 7109).
- Other cases ripe for appeal include termination for default, termination for convenience and other claims.
Government contractors must make sure that there is an actual contracting officer’s final decision. Failure to get a proper CO denial will result in the CBCA appeal being dismissed for lack of jurisdiction.
The Board considers many kinds of cases, of which the principal varieties are:
Filing Contract Disputes Act CDA Appeals
When appealing a contracting officer’s final decision to the Civilian Board of Contract Appeals, you must file the appeal not later than 90 calendar days after you receive the CO’s decision.
- Failure to file a timely appeal with get the case dismissed.
There is still hope if you miss the ninety-day deadline to the Civilian Court of Contract Appeals. There are cases where companies representing themselves pro se have missed the CBCA appeals deadline. Luckily for that contractor, it had the ability to still file the appeal to the United States Federal Court of Claims under 41 USC 7104(b).
CBCA has very detailed procedural rules. In the event that you choose to file a CBCA appeal from a government contracting agency’s denial of you claim, be mindful that there are strict procedural rules that you must follow. Additionally, companies should be aware of the jurisdictional grounds and the complex procedural rules.
For help filing an appeal under 41 USC 7101 to the Civilian Board of Contract Appeals from a denied claim against the federal government, call our government contract disputes attorneys at 1-866-601-5518 for a FREE INITIAL CONSULTATION.