GSAOCBCA0004

CBCA Rules of Procedure are provided at 48 CFR Chapter 61. The CBCA hears and decides contract disputes between government contractors and civilian executive agencies under the Contract Disputes Act (CDA), 41 U.S.C. §§ 7107-7109, as well as various other types of cases, including the following: cases arising under the Indian Self-Determination Act (ISDA); disputes between insurance companies and the Department of Agriculture's Risk Management Agency involving actions of the Federal Crop Insurance Corporation (FCIC); claims by federal employees for reimbursement of expenses incurred while on official temporary duty travel or in connection with relocation to a new duty station; requests for advance decisions by agency officials pursuant to 31 U.S.C. § 3529; claims by carriers or freight forwarders 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 (EAJA); requests for arbitration to resolve disputes between applicants and the Federal Emergency Management Agency (FEMA) as to funding for public assistance applications arising from Hurricane Katrina, Rita, and Gustav damage (under rules established by FEMA at 44 CFR part 206); and certain other matters by alternative dispute resolution (ADR) procedures, including arbitrations between motor carriers and the Federal Motor Carrier Safety Administration (FMCSA) to establish civil penalty amounts and payment schedules resulting from the motor carriers’ violations of safety regulations. In general, CDA, ISDA, FCIC, EAJA, and FEMA cases are decided by three-judge panels, with one judge designated as the presiding judge. The presiding judge may schedule and conduct hearings, and may rule on certain motions without other members' participation, but most matters are decided by a majority of the panel. In cases under the Board’s small claims or accelerated procedures, the Board will act through either a single judge or a two-judge panel, with one of the members designated as the presiding judge. In other types of cases, the Board acts through a single judge.