Concluding more than 43 years of Federal service, including
27 years as a Judge, Board Judge Anthony S. Borwick retired on December 3rd
with the fond farewells of his colleagues and friends.
Judge Borwick was born in Washington, D.C. in 1944.
He attended Cornell University, where he earned a B.A. degree in 1967.
He went on to graduate with his J.D.
from Tulane University in 1970 and was admitted to the District of Columbia and
California Bars. Judge Borwick
began his legal career as a trial attorney at the Department of Justice where he
served until 1976, when he moved to the General Services Administration, Office
of General Counsel, to head up the litigation section.
He served in that position for ten years, and was then appointed to the
General Services Board of Contract Appeals on May 11, 1986.
Judge Borwick became a member of the Civilian Board of Contract Appeals
at its creation on January 6, 2007. The
judges and staff of the CBCA extend their heartfelt thanks to Judge Borwick for
his wise counsel, humor, and friendship and wish him the very best in his
CBCA Vice Chair Somers presents Judge Borwick with a flag that flew over the U.S. Capitol on his last day of Federal service.
The members of the Fall 2013
class of legal interns display their Certificates of Accomplishment at the
conclusion of their internships with the Board. The legal interns' assignments this Fall included, among other items,
researching a differing site condition issue, a CDA certification standards
matter, and a first article testing question for Board Judges.
The legal interns are, from left to right: Ms. Madalyn Murtha, a 2L at
George Washington University Law School; Ms. Sarah Shulman,
a 2L at American University, Washington
College of Law; Mr. Nicholas Hawks, a 2L at Georgetown University Law Center;
and Ms. Hillary Freund, a 2L at George Washington University Law School.
Not shown is Mr. Sean Griffin, a 3L at American University, Washington
College of Law. The Board is pleased to announce that Bryan M. Byrd has joined the staff of the Chief Counsel as the Board's first Honors Attorney. Mr. Byrd graduated from Florida State University, summa cum laude, receiving a B.A. degree in International Affairs and Sociology in 2009. He went on to graduate with honors from George Washington University Law School in May 2013 where he concentrated in government procurement and international litigation. During his last year of law school, he served as senior notes editor of the Federal Circuit Bar Journal. Prior to starting with the Board, Mr. Byrd served as a law clerk with the Office of the Legal Adviser at the United States Department of State and as a law clerk in a Bethesda, Maryland private practice. Mr. Byrd was admitted to the practice of law by the Commonwealth of Virginia in October 2013.
Bryan M. Byrd Joins CBCA as Honors Attorney
The Board is pleased to announce that Bryan M. Byrd has joined the staff of the Chief Counsel as the Board's first Honors Attorney. Mr. Byrd graduated from Florida State University, summa cum laude, receiving a B.A. degree in International Affairs and Sociology in 2009. He went on to graduate with honors from George Washington University Law School in May 2013 where he concentrated in government procurement and international litigation. During his last year of law school, he served as senior notes editor of the Federal Circuit Bar Journal. Prior to starting with the Board, Mr. Byrd served as a law clerk with the Office of the Legal Adviser at the United States Department of State and as a law clerk in a Bethesda, Maryland private practice. Mr. Byrd was admitted to the practice of law by the Commonwealth of Virginia in October 2013.
CBCA Chairman Daniels congratulates Bryan Byrd after swearing him in as the Board's first Honors Attorney.
If Federal Government operations are curtailed due to a lack of appropriations, the Civilian Board of Contract Appeals will remain open for the purpose of accepting filings from parties during what has been termed the shutdown period.
Any statutory limitations on the time within which a filing may be made will not be waived or tolled during this period.
With the exception of statutory deadlines, each judge has the discretion to modify the deadlines established in a specific case that occur during and after this period.
If you have any questions about the Board's operations during the shutdown period, please contact the Office of the Clerk at 202-606-8800 or the Office of the Chairman at 202-606-8820.
Judges Anthony Borwick, Patricia Sheridan, and Richard Walters took on various "roles" in a program titled ADR at the Courts and Boards on June 12, 2013. The judges played the parts of mediator and contracting officer in the role play which illustrated how a government contracts mediation proceeding might play out in practice. Also taking part in the event, and playing other "roles" such as government or private attorney and company owner, were judges from the Armed Services Board of Contract Appeals and the Federal Aviation Administration Office of Dispute Resolution for Acquisition. Judge Marian Blank Horn from the U.S. Court of Federal Claims served as commentator on the proceeding. The event was held at the offices of the law firm Jenner & Block in Washington, DC and was sponsored by the American Bar Association's Public Contract Law Section, Contract Claims and Disputes Resolution Committee.
Judge Jeri K. Somers, the CBCA Vice Chair, will co-teach a course on the craft of judging at the George Washington University (GWU) School of Law during the upcoming Summer of 2013. Joining Judge Somers will be Col. Denise R. Lind, the Chief Judge of the 1st Judicial Circuit of the U.S. Army Trial Judiciary. Judges Somers and Lind's course introduces students to the "craft" of judging-primarily trial judging-through examination of court opinions, written assignments, hypothetical problems and related readings. Topics will include the judicial selection process, how judges decide cases, finding facts and assessing credibility, judges and juries, the media and the court, and making the appellate record. The course is required for all GWU law students who take part in an internship.
Judges Harold "Chuck" Kullberg and Jonathan D. Zischkau will participate in the American Bar Association's Public Contract Law Section, Contract Claims and Disputes Resolution Committee "Ask the Judges" roundtable discussion covering all aspects of claims practice before the Boards of Contract Appeals. Judge Zischkau will serve as co-moderator of the panel with Judge Reba A. Page from the Armed Services Board of Contract Appeals (ASBCA). Judge Kullberg will serve on the panel with judges from the Government Accountability Office Contract Appeals Board, the District of Columbia Contract Appeals Board, the Federal Aviation Administration Office of Dispute Resolution for Acquisition, the Postal Service Board of Contract Appeals, the ASBCA, and the U.S. Court of Federal Claims. The event is on Thursday, February 14, 2013, from 12:00 p.m. to 1:30 p.m. at Jenner & Block, 1099 New York Avenue, NW, Suite 900, Washington, D.C.
The Civilian Board of Contract Appeals is pleased to announce the launch of its new website. The completely revamped site features a new look and organization designed to improve access and speed visitors more quickly and easily to the information they need. For example, on the Decisions tab, case decisions are now broken out separately by category of case and arranged in tables. The tables default to reverse chronological order, with the most recent decision listed first, but may be sorted by decision date, case number, party name, or judge simply by clicking the up or down arrows in the heading bar of the table. Other enhancements include an improved table of the most recent decisions on the Home tab and an integrated map for visiting the Board in person. If you have questions or comments or wish to report any problems please contact: Arthur.Hawkins@CBCA.gov.
The Administrator of General Services has appointed Jonathan D. Zischkau to serve as a judge on the United States Civilian Board of Contract Appeals. Judge Zischkau is a highly experienced practitioner of public contract law. He has represented both agencies and contractors in this field. He is currently an attorney in the Office of the General Counsel of the Department of the Navy, assigned to the Naval Sea Systems Command. Earlier in his career, he was a member of the government contracts group with the law firm Crowell & Moring. Judge Zischkau also has considerable experience on the judicial side of government contract disputes. He served with great distinction for seventeen years as a judge on the District of Columbia Contract Appeals Board, where he was chairman (chief judge) for the last eight of those years. He was previously a law clerk to Judge Phillip B. Baldwin of the United States Court of Appeals for the Federal Circuit. Judge Zischkau is a graduate of Carnegie Mellon University and the University of Notre Dame Law School. The Civilian Board of Contract Appeals is pleased to welcome Judge Zischkau as a colleague. The judge will begin his service on December 5, 2011.
After 39 years of distinguished service to the American people and the United States Government, the Board recently said a fond farewell to Judge Beryl S. Gilmore upon the occasion of her retirement. Judge Gilmore graduated with a B.A. from Hampton University in 1967 and soon followed with a J.D. from North Carolina Central University in 1970. She began her long and eminent service with the Federal Government in 1972, starting as a trial attorney with the Department of Veterans Affairs. She was appointed to the Department of the Interior Board of Contract Appeals in 1978. Judge Gilmore was appointed to the Department of Energy Board of Contract Appeals in 1979 and became its Vice Chair 1998. She subsequently served as the DOE Board's Acting Chair from 2001 until 2007. Judge Gilmore joined the Civilian Board of Contract Appeals upon its creation in 2007 and served with the CBCA until her retirement in 2011. The Board thanks Judge Gilmore for her outstanding service and friendship and wishes her all the best.
On August 17, 2011, the CBCA published in the Federal Register a Final Rule amending the Board's Rules of Procedure to provide for e-mail filing of certain documents in proceedings before the Board. This method of filing will provide parties with a fast, efficient, and low-cost way to submit documents. Electronically filed documents will be docketed as received only during Board working hours; however, they may be transmitted at any time from any location with Internet access. This change does not affect any of the other methods for filing documents before the Board that are currently available, including the delivery of documents in person, by courier or United States Postal Service, or by facsimile transmission. The Final Rule may be found at 76 Fed. Reg. 50,926 (Aug. 17, 2011).
The CBCA will now accept filings (excluding Rule 4 Appeal Files) in PDF format submitted to the Board via e-mail. These filings may be sent to firstname.lastname@example.org. Filings received during regular business hours will be considered filed on the day received; those received after hours will be considered filed on the next business day. For more information see Electronic (E-mail) Filing or contact the Clerk of the Board at (202) 606-8800.
J. Gregory Parks has been appointed as the new Chief Counsel of the Civilian Board of Contract Appeals. Mr. Parks succeeds Margaret Pfunder, who served as Chief Counsel from 2002 until her retirement in 2010. Mr. Parks comes to the CBCA from the General Services Administration, Office of Congressional and Intergovernmental Affairs, where he was Director of Legislation. Prior to his service at GSA, Mr. Parks served in a number of legal and management positions with the Federal Government including Chief of Regulatory Development with the Federal Motor Carrier Safety Administration, Associate Counsel to the White House Transition Planning Office for the standup of the Department of Homeland Security, and senior attorney positions with the United States Coast Guard. Mr. Parks is a graduate of the American University, Washington College of Law and the University of Nebraska.
The Civilian Board of Contract Appeals is now accepting applications for the position of Board Judge. Successful applicants will be rated and placed on a register of applicants eligible for appointment to the Board. For an explanation of the requirements of the position and information about the application, rating, and selection procedures, please refer to the Procedures for Selection of Civilian Board of Contract Appeals Members (click on "Judge Selection" in the left-hand menu) and General Services Administration Job Vacancy Announcement Number 13CBCA01 found at www.usajobs.gov .
Cheryl L. Hilton has been appointed Clerk of the Civilian Board of Contract Appeals. Ms. Hilton succeeds Beatrice Jones, who retired from federal service in January 2010. Ms. Jones was the first Clerk of the CBCA and long-time Clerk of one of its predecessor boards, the GSA Board of Contract Appeals. Ms. Hilton was a Legal Staff Assistant with the CBCA and, from 1991 until 2007, with the GSA Board of Contract Appeals. The Clerk of the Board may be contacted by telephone at (202) 606-8800 and by facsimile at (202) 606-0019.