Other Fields
Agency Scheme: 
GSAOCBCA0004
ADJUDICATION STRUCTURE
Hearing Level: Basic Structure
Name of Hearing Office (local name): 
Civilian Board of Contract Appeals
Name of Hearing Office (global name): 
General Services Administration: Civilian Board of Contract Appeals
Hearing Officer #1 (Title): 
Board Judge
Are administrative appeals permitted from final decisions at the hearing-level stage?: 
No
Comments/Notes on Adjudication Structure: 

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.

PROCESS & PROCEDURE - General Information
Are private parties permitted to have representation at hearings?: 
Yes (All Types of Cases)
Who may serve as a private party representative?: 
Either
Is the agency permitted to have representation at hearings?: 
Yes (All Types of Cases)
Who may serve as an agency representative?: 
Either
Regulations/rules of practice for hearings (please include CFR citations): 
48 CFR parts 6101 – 6105; 44 CFR part 206 (FEMA); 77 Fed Reg 34,249-54 (June 11, 2012) (FMCSA)
Other published guidance for hearings (if any): 
www.cbca.gov
PROCESS & PROCEDURE - Pre-Hearing Procedure
Is discovery permitted by either party at the hearing-level stage?: 
Yes (Some Types of Cases)
Briefly describe the scope and type(s) of discovery available (e.g., depositions, interrogatories, etc.): 
Interrogatories, requests for admission, requests for production, depositions, and subpoenas compelling witnesses to produce books/papers/documents at a hearing or deposition. See 48 CFR 6101.13 - .16.
Does the hearing officer have subpoena authority?: 
Yes (All Types of Cases)
Are ex parte contacts prohibited?: 
Yes (All Types of Cases)
Are parties provided notice of hearing?: 
Yes (All Types of Cases)
PROCESS & PROCEDURE - Hearing Procedure
What types of hearings are permitted at the hearing-level stage?: 
Written (Document-Only) Hearing
In-Person
Video
Phone
How is the type of hearing selected: 
By Agency
By Private Party
Depends on Nature of Case/Claim
Please describe: 
In general, in-person hearings are held when either the private party or the agency elects one. See 48 CFR 6101.18; 44 CFR 206.209(h). In transportation rate, travel/relocation, and 31 U.S.C. 3529 cases, however, the judge may decide whether or not to hold a conference with the parties at his or her discretion. See 48 CFR 6103.305, 6104.405, 6105.504.
How many hearing officers preside at each hearing?: 
Varies by Case
If "Varies by Case," please describe: 
In general, in CDA, ISDA, and FCIC cases, as well as in FEMA arbitrations, hearings are conducted by three-judge panels. See 48 CFR 6101.1(e); 44 CFR part 206. In transportation rate, travel/relocation and 31 U.S.C. § 3529 cases, however, hearings are conducted by a single Board Judge. See 48 CFR 6103.305(b), 6104.405(b), 6015.504(b).
Is witness testimony permitted at hearings?: 
Varies by Case
If "Varies by Case," please describe: 
In CDA, ISDA, and FCIC cases, as well as in FEMA arbitrations, witness testimony is permitted. See 48 CFR 6101.21; 44 CFR part 206. In transportation rate, travel/relocation, and 31 U.S.C. § 3529 cases, the judge, at his or her discretion, may hold a conference with the parties, but there are no provisions for witness testimony. This question is not applicable to document-only hearings.
Can parties cross-examine witnesses?: 
Varies by Case
If "Varies by Case," please describe: 
In CDA, ISDA, and FCIC cases, as well as in FEMA arbitrations, cross-examination of witnesses is permitted. In transportation rate, travel/relocation, and 31 U.S.C. § 3529 cases, the judge, at his or her discretion, may hold a conference with the parties, but there are no provisions for witness testimony and therefore no provisions for cross-examination of witnesses. This question is not applicable to document-only hearings.
Can third-parties submit amicus briefs and/or evidence?: 
Adjudication Officer Discretion
Are hearings recorded and/or transcribed?: 
Only at Party Request
Discretion of Adjudication Officer(s)
N/A (Document-Only Hearings)
Are hearings open to the public?: 
Varies by Case
If "Varies by Case," please describe: 
In CDA, ISDA, and FCIC cases, hearings are open to the public except when necessary to maintain the confidentiality of protected material or testimony, or material submitted in camera. See 48 CFR 6101.21(a)(1). ADR proceedings, including FEMA arbitration hearings, are closed to the public. This question is not applicable to document-only hearings.
PROCESS & PROCEDURE - Post-Hearing Procedure
Who typically drafts the decision at the hearing-level stage?: 
Adjudication Officer
Who has authority to issue final decisions?: 
Adjudication Officer
Do agency regulations or guidance provide time limits for issuance of final decisions?: 
No
If "Yes," please specify these time limit(s): 
FEMA regulations provide that the panel will make every effort to issue a decision within 60 calendar days after the hearing closed or, if a hearing was not held, within 60 calendar days following the receipt of FEMA’s response to the request for arbitration, unless the arbitration involves a highly technical or complex matter. See 44 CFR 206.209(k)(1).
Is judicial review available after issuance of a final decision?: 
Yes (Some Types of Cases)
PROCESS & PROCEDURE - Case Management
How are claims/cases processed at the hearing-level stage?: 
Other
Please briefly describe your case management practice(s) at the hearing level stage: 
Each judge manages his or her own docket.
Does the agency permit web-based electronic filing of hearing-related briefs or other documents?: 
Yes
Are final decisions published and/or posted on the agency website?: 
Yes (All Decisions)
Do agency regulations/rules of practice specify the contents of the administrative record at the hearing-level stage?: 
Yes (All Types of Cases)
If "Yes," please provide citation(s): 
See 48 CFR 6101.9, 6103.306, 6104.406, 6105.505
Do agency regulations/rules of practice provide for closure of the record at the hearing-level stage (subject to applicable exce: 
Yes (Some Types of Cases)
If "Yes," please provide citation(s): 
See 48 CFR 6101.24(a)
ADJUDICATORS
Total # of Hearing Officers: 
15
ADR: General Information
Is ADR available at one or more points during the hearing process?: 
Yes
If "Yes," when is ADR available?: 
Before Claim/Case Filed
Pre-Hearing
Post-Hearing
Is ADR a mandatory or voluntary process?: 
Voluntary
Varies by Case
If "Varies by Case," please describe:: 
Statute provides for arbitration in FEMA disputes. See American Recovery and Reinvestment Act of 2009, Public Law 111-5 S. 601. Otherwise, ADR is voluntary.
What type(s) of ADR are available?: 
Mediation
Settlement Conference
Arbitration
Other
If "Other," please specify:: 
Mini-trial, non-binding advisory opinion.
Who conducts the ADR?: 
Other
If "Other," please specify:: 
Board judge
Regulations/rules of practice governing ADR process (please include CFR citations): 
48 CFR 6101.54; 44 CFR part 206
Other published guidance on ADR process (if any):: 
http://www.cbca.gov/adr/index.html
Comments/Notes on ADR Process (Optional): 
The parties will ordinarily ask the Board to appoint a Board judge, who may be the presiding judge, to serve as the ADR Neutral. See 48 CFR 6101.54(b)(1). If the ADR proceeding does not result in settlement, the ADR Neutral may go on to serve as presiding judge if the ADR procedure did not involve ex parte contact or if the parties and the judge agree that the judge may do so. Id. The parties may also use ADR Neutrals outside the CBCA. See http://www.cbca.gov/adr/general.html.
CASELOAD STATISTICS - Summary Statistics
Total # Cases Filed/Opened (FY2013): 
529
Total # Cases Decided/Closed (FY2013): 
451
Total # Cases Pending (End of FY2013): 
558
CASELOAD STATISTICS - Supplementary Statistics
Does your agency maintain annual caseload statistics for this hearing office by case type (e.g., discrimination complaint, licen: 
Yes
Verified by Agency: 
Verified