The Civilian Board of Contract Appeals (CBCA) recently released its 2024 Annual Report (the Report), providing updates on personnel, decision statistics, and other important developments. The CBCA’s role in resolving disputes between government contractors and federal agencies makes the Report a valuable resource when developing strategies for filing or defending a CBCA case. In this blog, attorneys in PilieroMazza’s REAs, Claims, and Appeals Group offer key insights from the Report that could affect how contractors submit or respond to a CBCA case.
New Online Filing System
CBCA will launch its highly anticipated electronic docketing system (EDS) for Contract Disputes Act (CDA) appeals and Federal Emergency Management Agency (FEMA) arbitrations. Scheduled to launch on January 1, 2025, the new EDS will permit users to create an account in early December.[1] The new system will function similarly to the Government Accountability Office’s electronic filing system, EPDS. Of note, the Report instructs parties filing Rule 4 appeals to continue utilizing the current electronic filing system.
The EDS offers contractors a more streamlined filing system that will reduce delays in getting their cases reviewed and ultimately resolved. PilieroMazza recommends contractors familiarize themselves with the EDS to avoid potential missteps or work with GovCon counsel experienced with the CBCA.
CBCA Case Statistics
FY2024 brought 319 new cases to the CBCA, including remands and reconsiderations. Nearly 52% of its new cases were appeals (excluding remands and reconsiderations). The other 48% was comprised of 65 FEMA arbitrations, 45 travel and relocation cases, 13 debt cases, and 11 Indian Self-Determination Act cases. Appeals from a Contracting Officer’s Final Decision saw a relatively steep decline from FY2023, dropping 33%. In contrast, FEMA arbitrations increased by 30%.
CBCA saw a rise from 32 to 73 Alternative Dispute Resolution cases—an overall 128% increase. Of these 73 disputes, 60 were resolved prior to hearing, 2 were partially resolved, and 11 were not resolved.
As for decisions on the merits, CBCA granted relief 14 times, granted relief in part 42 times, and denied relief 76 times, resulting in a finding of merit—in whole or in part—approximately 42% of the time, which is a slight decrease from the 45% in FY2023. In total, CBCA resolved 375 cases in FY2024, increasing the total docket count by 17 from the end of FY2023.
CBCA did not include any decisions of note from FY2024, as it has done in the past.
The significant decrease in appeals and increase in alternative dispute resolution suggests that agencies are increasingly willing to engage in alternative dispute resolution in lieu of traditional litigation proceedings. A continuation of this pattern may bode well for small businesses due to the high costs associated with litigation.
New Judge Appointments and Retirement
In June 2024, CBCA welcomed two new judges, raising the total number of CBCA judges to fourteen. Judge Elizabeth W. Newsom joined CBCA after serving as the Deputy Chief Counsel for BAE Systems from 2018-2024. Judge Daniel B. Volk joined CBCA following fourteen years at the Department of Justice, specifically within the Civil Division’s Commercial Litigation Branch, National Courts Section.
Chief Counsel James (Jim) Johnson retired on September 30, 2024.
Should you have any questions regarding CBCA’s Annual Report, the new electronic docketing system, or CBCA generally, do not hesitate to reach out to Lauren Brier, Chair of PilieroMazza’s REAs, Claims, and Appeals Group.
[1] At the time of publishing this blog, the CBCA had not yet launched the create an account feature. Check the CBCA website for updates.
