When there are disputes between contractors and the General Services Administration (GSA), the matter may be brought before the Civilian Board of Contract Appeals (CBCA). A case may only be brought to the CBCA after a final decision is issued by the contracting officer, and an appeal must be made within 90 days of that decision.
There may be confusion as to whether a case falls under the jurisdiction of the CBCA. The Contract Disputes Act gives the board power to deny an appeal, and it is up to the appellant to demonstrate that the case is relevant to the board’s jurisdiction. The requirements of the Contract Disputes Act is a heavily litigated issue which requires an experienced attorney to navigate. Mistakes in the appeal process can be extremely costly, and companies can incur further expenses if an appeal is denied due to lack of jurisdiction.
Should a case be let into the CBCA and the appeal has officially been filed, both sides will begin submitting evidence and notices of appearance. During discovery, subpoenas may be filed, and depositions may take place. Finally, the matter will be heard by a judge and a decision will be made.
The CBCA strongly encourages appellants to seek alternative dispute resolution (ADR). By settling disputes through mediation instead of drawn out cases, both parties can seek relief much faster, and attain more desirable outcomes. To succeed in mediation, it is important to have a clear attainable goal in mind. The attorneys at the Federal Practice Group are experienced in ADR and can examine your case to recommend whether mediation is the best option, as well as what to ask for in settlement if this option is chosen.
If you have further questions about the process of appealing to the CBCA, visit their website or contact an attorney at the Federal Practice Group for a consultation.