Note: The Department of Labor Board of Contract Appeals issued its last decision on January 5, 2007.
Effective January 7, 2007, the Labor BCA and seven other civilian BCAs were consolidated under a new
Civilian Board of Contract Appeals. See Section 847 of the FY 2006 Defense Authorization Act (Pub. L. No. 109-63).
The Department of Labor Acquistion Regulation System is published in 48 C.F.R. Chapter 29.
48 C.F.R. § 2933.203.70 designates the Department of Labor Board of Contract Appeals
(LBCA) to determine appeals from decisions of contracting officers arising under or relating to
contracts made by the Department. It specifies that the LBCA rules or procedure are contained
in 41 C.F.R. Part 29-60.
Prior to July 1985, 41 C.F.R. Chapter 29 contained the procurement regulations and procedures
specifically applicable to the Department of Labor. That chapter, which includes Part 29-60, has
not been published in the Federal Register since 1984. 41 C.F.R. Part 29-60 contains the Procedures for Settling Contract Dispute Appeals and Departmental
regulations establishing the LBCA, as promulgated prior to the enactment of the Contract
Disputes Act of 1978, 41 U.S.C. §§ 601 et seq.
Subpart 29-60.2 constituted the Rules of the LBCA. Because those rules are, in part, inconsistent
with provisions of the subsequently enacted Contract Disputes Act, they are, in practice, only
referred to by the Board for certain limited purposes peculiar to contract appeals. Otherwise,
parties to contract appeals are generally advised that, to the extent practicable, 29 C.F.R. Part 18, Rules of Practice and Procedure in
Administrative
Hearings Before the Office of Administrative Law Judges, currently provide guidelines
for the procedural aspects of contract appeals before the LBCA.
See also Glengarry, Inc., 2001-BCA-1 (LBCA Aug. 29, 2001) (holding that
"the procedures stated in Part 29-60 are not binding as process unless specifically imposed by order of the Board, and that for general matters of procedure they should consult 29 C.F.R. Part 18.").
