Alert
Alert
01.06.25
The Civilian Board of Contract Appeals (CBCA or Board) recently released its fiscal year (FY) 2024 report. The CBCA docketed 392 new matters, which was down from the 409 new matters docketed in FY 2023. Of the 392 new matters, 165 were Contract Disputes Act (CDA) cases; 65 were Federal Emergency Management Agency arbitrations; 45 were civilian employee travel and relocation expense cases; 13 were civilian employee debt cases; and 11 were Indian Self Determination Act matters. The Board resolved 375 cases in FY 2024, representing the second year in a row where the Board docketed more cases than it resolved. The most active agencies at the Board are, respectively, the Department of Veterans Affairs, General Services Administration and Department of State. The Board did not publish sustain rates or any other information that might reveal how successful companies were in the matters they brought to the Board.
The CBCA Chair, Judge Erica S. Beardsley, noted in the introductory message that the Board welcomed two new judges, Judge Daniel B. Volk and Judge Elizabeth W. Newsom, raising the total number of CBCA judges to 14. Judge Newsom joined the Board from BAE Systems, where she had served as the company’s Deputy Chief Counsel. During her over 30 years of practice, Judge Newsom has considerable experience in both the government and private sector. Judge Volk joined from the Department of Justice’s Commercial Litigation branch and has worked exclusively in the government sector during his 16 years of practice before joining the Board.
Judge Beardsley’s introductory message conveyed her view that the Board’s flexibility allows litigants of all means to experience efficient dispute resolution. Judge Beardsley noted that, following the global pandemic, the Board has “maintained a hybrid approach to hearings and mediations, successfully balancing in-person and virtual formats.” Looking ahead to 2025, Judge Beardsley offered that parties could expect “a more technologically robust hybrid courtroom and conference room” at the Board. Judge Beardsley also represented that in expectation of more in-person hearings and mediations in 2025, the Board upgraded its security systems “to ensure that hearings and mediations are safe and accessible for all participants.”
In its annual Report, the Board announced that it would institute a new electronic docketing system (EDS) effective January 1, 2025. The Board is requesting that all party representatives and agency officials who are currently litigating appeals create EDS accounts here. On December 30, the Board announced it would postpone the launch of EDS to provide additional time for party representatives to create their user accounts. The new EDS will have many similarities to the Government Accountability Office’s (GAO) electronic filing system. Until the Board notifies users that EDS has launched, parties should continue to file with the CBCA Recorder by email.
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