News

July 2014

The United States Civilian Board of Contract Appeals (CBCA) is pleased to announce the appointment of two new CBCA Board Judges, Mr. Harold D. Lester, Jr., and Ms. Marian E. Sullivan. Judges Lester and Sullivan were sworn in on Monday, July 14, 2014 by the Honorable Sharon Prost, Chief Judge of the United States Court of Appeals for the Federal Circuit, in an investiture ceremony held at the CBCA's offices.

Judge Lester comes to the Board from private practice where he advised clients on a range of Government contracts matters and assisted in complex contract dispute litigation. Before assuming that position, Judge Lester served for over 20 years with the Commercial Litigation Branch, Civil Division, of the United States Department of Justice, first as a trial attorney and then, from 1999 to 2013, as an Assistant Branch Director. Judge Lester received his J.D. from Washington & Lee University School of Law in 1988, where he served as Executive Editor of the Washington & Lee Law Review, and his B.A. from Furman University in 1984, where he majored in Economics and Business Administration.

Judge Sullivan comes to the Board as an accomplished trial attorney with 18 years of federal litigation experience, including almost 16 years with the Civil Division of the Department of Justice. Most recently, Judge Sullivan served as Assistant Director of the Commercial Litigation Branch, where she handled complex civil litigation matters, large bid protests, and government takings cases before the United States Court of Appeals for the Federal Circuit and the United States Court of Federal Claims. Judge Sullivan received her J.D. in 1995 from Georgetown University Law Center and her B.A. in 1990 from Stanford University, where she majored in Political Science.

           

Hon. Sharon Prost, Chief Judge of the U.S. Court of Appeals for the Federal Circuit, administers the oath of office to Judge Sullivan (left) and Judge Lester (right) as CBCA Vice Chair, Judge Jeri Somers looks on.

May 2014

Civilian Board Welcomes Summer Law Clerks

The CBCA's 2014 Summer law clerks smile for the camera after being sworn in as Federal employees by CBCA Judge Goodman. From left to right they are: Judge Goodman, Madalyn Murtha, George Washington University Law School; Dylan Mooney, American University, Washington College of Law; Zachary Johnson, Syracuse University College of Law; Terrius Greene, Howard University School of Law; Nicole Zimbelman, George Mason University School of Law; and Eric Herendeen, George Washington University Law School.

April 2014

CBCA Hosts Young Lawyers

On April 3rd, the U.S. Civilian Board of Contract Appeals hosted the American Bar Association, Section of Public Contract Law, Young Lawyers Committee for its Lunch & Conversation with CBCA Judges. CBCA Chairman Daniels and Judge Patricia Sheridan moderated a question and answer session addressing both questions submitted in advance and taking questions from attendees. CBCA Judges Drummond, Goodman, Hyatt, Kullberg, Walters, Zischkau and Vice Chair Somers also participated in the session, providing insight on practice before the CBCA to the young lawyers attending.

Bryan M. Byrd Joins Staff of CBCA

The Board is pleased to announce that Mr. Bryan M. Byrd has joined the staff of the Board's Chief Counsel as an Attorney-Examiner. Mr. Byrd served as the Board's first Honors Attorney from November 2013 until he was appointed to this position on April 6, 2014. Mr. Byrd is a 2013 honors graduate from George Washington University Law School where he concentrated in government procurement and international litigation and served as senior notes editor of the Federal Circuit Bar Journal. Mr. Byrd was admitted to the practice of law by the Commonwealth of Virginia in October 2013.

December 2013

Judge Anthony S. Borwick Retires

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 retirement.

CBCA Vice Chair Somers presents Judge Borwick with a flag that flew over the U.S. Capitol on his last day of Federal service.

Fall 2013 Legal Interns Complete their Time with the Board

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.

October 2013

Impact of Government Shutdown on Board Operations

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.

June 2013

CBCA Judges Take on New "Roles"

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.

May 2013

CBCA Vice Chair to Teach Craft of Judging

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.

February 2013

CBCA Judges Participate in ABA Panel

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.

December 2012

New CBCA Website Launched

  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.

Ms. Gerrie Milline Retires

After 38 years of Federal service, Ms. Gerrie Milline has retired.  She served the last 6 years at the Civilian Board of Contract Appeals (CBCA).  Ms. Milline began her service in 1974 with the Combined Federal Campaign, moving in 1978 to the U.S. Department of Transportation (DOT).  While at DOT she worked in the Office of Civil Rights, the Office of Management Planning, and finally with the DOT Board of Contract Appeals.  Ms. Milline joined the CBCA at its creation in January 2007 when the DOT Board of Contract Appeals was folded into the newly-created Civilian Board.  At the CBCA Ms. Milline served as a Senior Legal Staff Assistant, providing critical service and support to several judges, including Vice Chair Jeri Somers, Judge James Stern, Judge Howard Pollack, and Judge Eileen Fennessy.  The judges and staff of the CBCA thank Ms. Milline for her outstanding service and wish her a fond farewell.

November 2011

Jonathan D. Zischkau Appointed CBCA Judge

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.

October 2011

Judge Beryl S. Gilmore Retires

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.

August 2011

Board Publishes Electronic Filing Rules

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 Exit CBCA (Aug. 17, 2011).

March 2011

Electronic Filing Now Available

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 cbca.efile@cbca.gov. 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.

January 2011

J. Gregory Parks Appointed CBCA Chief Counsel

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.

April 2010

Applications for Board Judge Now Accepted

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 Exit CBCA.

March 2010

Cheryl Hilton Appointed Clerk of the Board

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.