The Board considers many kinds of cases, of which the principal varieties are:

           --        Appeals of decisions issued pursuant to the Contract Disputes Act, 41 U.S.C. §§ 601-613, by contracting officers of any federal agency other than the National Aeronautics and Space Administration, the United States Postal Service, the Postal Rate Commission, the Tennessee Valley Authority, and the Departments of Defense, the Army, the Navy, and the Air Force.

           --        Disputes between insurance companies and the Department of Agriculture’s Risk Management Agency involving actions of the Federal Crop Insurance Corporation (FCIC). These cases are heard on behalf of the Secretary of Agriculture, pursuant to the Federal Crop Insurance Act, 7 U.S.C. §§ 1501 et seq., and regulation, 7 CFR 24.4(b) and 400.169.

           --        Cases brought under the Indian Self-Determination Act, 25 U.S.C. §§ 450j-1(f), 450m-1(d).

           --        Claims against the United States Government for expenses incurred by federal civilian employees for official travel and relocation incident to transfers of duty stations. These cases are heard on behalf of the Administrator of General Services pursuant to 31 U.S.C. § 3702(a)(3).

           --        Reviews of actions of the General Services Administration resulting from audits of bills submitted by carriers and freight forwarders for transporting individuals or property for the United States Government. These cases are heard on behalf of the Administrator of General Services pursuant to 31 U.S.C. § 3726(i)(1).

           --        Applications by prevailing private parties for the recovery of litigation and other costs incurred by those parties. These cases are heard pursuant to the Equal Access to Justice Act, 5 U.S.C. § 504.

         --       Requests for arbitration under section 601 of the American Recovery and Reinvestment Act of 2009, Public Law 111-5, to resolve disputes between applicants and the Federal Emergency Management Agency as to funding for public assistance applications arising from Hurricane Katrina and Rita damage.

The Board also provides alternative dispute resolution services in disputes involving any federal agency and a contractor to that agency.

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Where to File

           All filings must be made submitted to the Clerk of the Board. Filings may be made in any of the following ways:

        --       In person or by courier. These filings should be made in the Clerk’s office, which is located on the 6th floor of 1800 M Street, NW, Washington, DC 20036.

         --      By United States Postal Service mail. These filings should be sent to the Clerk at 1800 F Street, NW, Washington, DC 20405. [In FEMA arbitration cases, filings may be made to this address only by United States Postal Service overnight delivery.]

        --       By facsimile transmission. These filings should be sent to the Clerk at (202) 606-0019. [This option is not available in FEMA arbitration cases.]

           With rare exceptions, the Office of the Clerk is open from 8:00 a.m. to 4:30 p.m., Eastern Time, on every day other than Saturdays, Sundays, and federal holidays.

           Any questions about filings may be addressed to the Clerk by telephone at (202) 606-8800.

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When a Filing Is Made

           Generally, a document is considered to be filed when it is received in its entirety by the Office of the Clerk of the Board during the Board’s working hours -- no matter when the document was sent. The exception to this rule is that in Contract Disputes Act appeals, Indian Self-Determination Act cases, applications for costs, and FEMA arbitration cases, the initial filing is considered to be made upon the earlier of (a) its receipt by the Office of the Clerk or (b) if it is mailed, the date on which it is mailed. A United States Postal Service postmark is prima facie evidence that the document with which it is associated was mailed on the date of the postmark.

What to Include in an Initial Filing in a Case

Contract Disputes Act appeals and Indian Self-Determination Act cases

A notice of appeal shall be in writing and shall be signed by the appellant or by the appellant’s attorney or authorized representative. If the appeal is from a contracting officer’s decision, the notice of appeal should describe the decision in enough detail to enable the Board to differentiate that decision from any other; the appellant can satisfy this requirement by attaching to the notice of appeal a copy of the contracting officer’s decision. If an appeal is taken from the failure of a contracting officer to issue a decision, the notice of appeal should describe in detail the claim that the contracting officer has failed to decide; the appellant can satisfy this requirement by attaching a copy of the written claim submission to the notice of appeal.

A written notice in any form is sufficient to initiate an appeal. The notice of appeal should include the following information:  

(1)     the number and date of the contract;

(2)     the name of the government agency and the component of that agency against which the claim has been asserted; 

(3)    the name, address, and telephone number of the contracting officer whose decision is appealed and the date of the decision;

(4)     if the appeal is from the failure of the contracting officer to decide a claim, the name, address, and telephone number of the contracting officer who received the claim;

(5)     a brief account of the circumstances giving rise to the appeal; and 

(6)     an estimate of the amount of money in controversy, if any and if known.

The appellant must send a copy of the notice of appeal to the contracting officer whose decision is appealed or, if there has been no decision, to the contracting officer before whom the appellant’s claim is pending.

Federal Crop Insurance Corporation cases

A notice of appeal shall be in writing and shall be signed by the appellant or by the appellant’s attorney or authorized representative. If the appeal is from a determination by the Deputy Administrator of Insurance Services regarding an action alleged not to be in accordance with the provisions of a Standard Reinsurance Agreement (or other reinsurance agreement), or if the appeal is from a determination by the Deputy Administrator of Compliance concerning a determination regarding a compliance matter, the notice of appeal should describe the determination in enough detail to enable the Board to differentiate that decision from any other; the appellant can satisfy this requirement by attaching to the notice of appeal a copy of the Deputy Administrator’s determination. If an appeal is taken from the failure of a Deputy Administrator to make a timely determination, the notice of appeal should describe in detail the matter that the Deputy Administrator has failed to determine; the appellant can satisfy this requirement by attaching to the notice of appeal a copy of the written request for a determination it sent to the Deputy Administrator.

Claims by federal civilian employees for travel and relocation expenses

Any claim for entitlement to travel or relocation expenses must first be filed with the claimant’s own agency. The agency shall initially adjudicate the claim. A claimant disagreeing with the agency’s determination may request review of the claim by the Board.

A claim shall be in writing and must be signed by the claimant or by the claimant’s attorney or authorized representative. No particular form is required. The request should describe the basis for the claim and state the amount sought. The request should also include --

(1)     The name, address, telephone number, and facsimile machine number, if available, of the claimant;

(2)     The name, address, telephone number, and facsimile machine number, if available, of the agency employee who denied the claim;

(3)     A copy of the denial of the claim; and

(4)     Any other information which the claimant believes the Board should consider.

If an agency has denied a claim for travel or relocation expenses, it may, at the claimant’s request, forward the claim to the Board. The agency shall include the information required by the four paragraphs above.

Requests by carriers and freight forwarders for review of General Services Administration audit actions

A claim shall be in writing and must be signed by the claimant or by the claimant’s attorney or authorized representative. No particular form is required. The request should describe the basis for the claim and state the amount sought. The request should also include --

(1)     The name, address, telephone number, and facsimile machine number, if available, of the claimant;

(2)     The Government bill of lading or Government transportation request number;

(3)     The claimant’s bill number;

(4)     The Government voucher number and date of payment;

(5)     The General Services Administration Audit Division claim number;

(6)     The agency for which the services were provided; and

(7)     Any other identifying information.

Applications for the recovery of litigation costs

An application for fees and other expenses shall:

(1)     Identify the applicant and the appeal for which fees and other expenses are sought, and state the amount being sought;

(2)     Establish that all applicable prerequisites for an award have been satisfied and include a succinct statement of why the applicant is eligible for an award of fees and other expenses;

(3)     Be accompanied by an exhibit fully documenting any fees or expenses being sought, including the cost of any study, analysis, engineering report, test, project, or similar matter. The date and a description of all services rendered or costs incurred shall be submitted for each professional firm or individual whose services are covered by the application, showing the hours spent in connection with the proceeding by each individual, a description of the particular services performed by specific date, the rate at which each fee has been computed, any expenses for which reimbursement is sought, and the total amount paid or payable by the applicant. Except in exceptional circumstances, all exhibits supporting applications for fees or expenses sought shall be publicly available. The Board may require the applicant to provide vouchers, receipts, or other substantiation for any fees and other expenses claimed and/or to submit to an audit by the Government of the claimed fees and other expenses;

(4)     Be signed by the applicant or an authorized officer, employee, or attorney of the applicant;

(5)     Contain or be accompanied by a written verification under oath or affirmation, or declaration under penalty of perjury, that the information provided in the application is true and correct;

(6)     If the applicant asserts that it is a qualifying small business concern, contain evidence thereof; and

(7)     If the application requests reimbursement of attorney fees that exceed the statutory rate, explain why an increase in the cost of living or a special factor, such as the limited availability of qualified attorneys for the proceedings involved, justifies such fees.

Requests for FEMA Arbitration

A request for arbitration must contain a written statement and all documentation supporting the position of the applicant, the disaster number, and the name and address of the applicants authorized representative or counsel. A copy of the request must be filed simultaneously with the Board and the individuals at the Federal Emergency Management Agency (FEMA) and the State who are specified in the FEMA webpage.

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Time Limits for Filing Cases

           Rarely, in the event of an emergency (such as inclement weather), the Office of the Clerk will close earlier than 4:30 p.m. or will not open at all on a particular day. Any filing which is due on such a day will be considered to be timely filed if it is filed on the next day on which the Office is open.

Contract Disputes Act appeals and Indian Self-Determination Act cases

Federal Crop Insurance Corporation cases

An appeal from a determination of a Deputy Administrator shall be filed no later than 90 calendar days after the date the appellant receives that determination. An appeal may be filed if the Deputy Administrator fails or refuses to issue a determination within 90 days after the appellant submits a request for a determination.

Claims by federal civilian employees for travel and relocation expenses

Generally, a claim by a federal civilian employee for travel or relocation expenses must be filed within six years after the claim accrues.

Requests by carriers and freight forwarders for review of General Services Administration audit actions

Generally, a request for review of a General Services Administration audit action must be filed within six months after the action is taken.

Applications for the recovery of litigation costs

An application for fees and other expenses shall be filed within 30 calendar days of a final disposition in the underlying appeal. The Board’s decision becomes final (for purposes of the timeliness of the filing of a cost application) when it is not appealed to the United States Court of Appeals for the Federal Circuit within the time permitted for appeal or, if the decision is appealed, when the time for petitioning the Supreme Court for certiorari has expired.

Requests for FEMA Arbitration

Generally, a request for arbitration must be submitted within 30 calendar days after receipt of the determination that is the subject of the arbitration request or by September 30, 2009, whichever is later. If a request for arbitration is made by an applicant with a first or second level appeal pending with the Federal Emergency Management Agency (FEMA) pursuant to 44 CFR § 206.202 on or after February 17, 2009, and FEMA has not issued a decision on the appeal, then the applicant must submit a withdrawal of the pending appeal by October 30, 2009.

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