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The Civilian Board of Contract Appeals was
established by section 847 of the National Defense Authorization
Act for Fiscal Year 2006 to hear and decide contract disputes
between government contractors and executive agencies under the
provisions of the Contract Disputes Act of 1978, 41 U.S.C. §§
7101-7109, and regulations and rules issued under that statute.
The Board’s authority extends to all agencies other than the
Department of Defense, the Department of the Army, the
Department of the Navy, the Department of the Air Force, the
National Aeronautics and Space Administration, the United States
Postal Service, the Postal Rate Commission, and the Tennessee
Valley Authority.
The
Board uses a variety of techniques intended to shorten and
simplify, when appropriate, the formal proceedings normally used
to resolve contract disputes. The Board fully supports the use
of alternative dispute resolution (ADR) in all appropriate
cases; it encourages the prompt, expert, and inexpensive
resolution of contract disputes as promoted by the
Administrative Dispute Resolution Act. In addition, the Board
provides to executive agencies, when jointly requested by an
agency and its contractor, alternative dispute resolution
services on contract-related matters, whether arising before or
after a contract has been awarded.
The Board
also hears and decides various additional classes of cases,
including:
-- Cases arising under the Indian
Self-Determination Act, 25 U.S.C. §§
450j-1(f), 450m-1(d);
-- Disputes between insurance companies and
the Department of Agriculture’s Risk
Management Agency involving actions of the
Federal Crop Insurance Corporation under 7
U.S.C. §§ 1501
et seq.;
-- Claims by federal employees under 31
U.S.C. § 3702 for reimbursement of expenses
incurred while on official temporary duty
travel or in connection with relocation to a
new duty station;
-- Claims by carriers or freight forwarders
under 31 U.S.C. § 3726(i)(1) involving
actions of the General Services
Administration regarding payment for
transportation services;
-- Applications by prevailing private
parties for recovery of litigation and other
costs under the Equal Access to Justice Act,
5 U.S.C. § 504; and
-- 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.
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