Procedures for Selection of Civilian Board of Contract Appeals Members

1. Purpose. To prescribe qualification, application, and selection procedures for Members of the Civilian Board of Contract Appeals (CBCA).
2. Background. Members of the CBCA are Board judges employed by the General Services Administration in Washington, DC. Appointments are made at the pay level specified by statute, 5 U.S.C. § 5372a.
3. Guidelines.

   1. Introduction. The CBCA was established by section 847 of the National Defense Authorization Act for Fiscal Year 2006 to hear and decide disputes between government contractors and executive agencies under the provisions of the Contract Disputes Act of 1978, 41 U.S.C. §§ 601-613, 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 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; 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 regarding funding for public assistance applications arising from Hurricane Katrina and Rita damage. The Board fully supports the use of alternative dispute resolution (ADR) in all appropriate cases.

      In general, a Board Member's duties are to: (1) manage a docket of cases; (2) hold pre-hearing conferences; (3) authorize the taking of depositions; (4) issue subpoenas; (5) decide motions, discovery requests, and evidentiary questions; (6) regulate the course of hearings, including administering oaths, questioning witnesses, determining credibility, and making findings of fact and conclusions of law, among other things; (7) make decisions and participate in decisions with other Board Members; (8) conduct mediation, arbitration, and other alternate dispute resolution proceedings to promote resolution of disputes; and (9) take any authorized action that is consistent with the goal of administering justice.

   2. Requirements

      Qualifying Experience. An applicant, at the time of application, must be licensed to practice as an attorney under the laws of a State or the District of Columbia, the Commonwealth of Puerto Rico, or any territorial court established under the Constitution. An applicant must have, in the aggregate, at least five years of public contract law experience consisting of serving as an attorney or judge in:

      1. Proceedings before any Federal agency boards of contract appeals or comparable Federal, State, or local administrative bodies;
      2. Actions in courts of record involving public contract issues fully comparable to those in proceedings before agency boards of contract appeals, or in fully comparable formal proceedings before Federal, State, or local administrative bodies; or
      3. Advising on public contracts, or teaching or writing on the subject of public contract law

      In the determination of whether public contract law experience involving State or local contracts is qualifying, a direct comparison is made between the subject matter of such experience and the subject matter commonly involved in the practice of Federal public contract law. At least two years of the qualifying experience in public contract law must have been of a level of difficulty and responsibility comparable to the GS-15 grade level or above. Remuneration is not considered in the making of this comparison

   3. Application Process. Those interested in applying for a Board Member position must submit the documents below via email to cbca.applications@gsa.gov or mail to General Services Administration (GSA), Human Resources Division (HRD), 1800 F Street, N.W., Room 1100 (Attn: CBCA Register), Washington, DC 20405:

      1. A resume;
      2. A letter of good standing from a State bar of which the applicant is currently a member, and evidence that indicates the length of time the applicant has practiced law.
      3. An explanation of how the applicant meets the qualifying requirement of at least five years of public contract law experience, including specific examples;
      4. Two written work products;
      5. A list of four or more persons who have knowledge of the applicant's experience and professional qualifications, such as a judge before whom the applicant has appeared or opposing counsel or co-counsel.

      An applicant must be able to qualify for a Top Secret Security Clearance. All applicants will be considered without regard to race, religion, color, national origin, sex, political affiliation, or any other non-merit factor.

   4. Rating Process. HRD will review each application for the requisite documents. An applicant assigned a rating of "ineligible" will be notified of this rating and given the right to appeal it, within ten days of receipt of written notice, to the CBCA Registrar at cbca.registrar@gsa.gov. Any such appeal will be considered by the Chairperson of the CBCA, and the applicant will be notified by the CBCA Registrar.

      If an applicant is determined to be minimally qualified, a further review of the applicant's work experiences and accomplishments, including the requisite five years of public contract law experience, discussions with the applicant's references, and a personal interview will be conducted, as described below. All of these functions will be carried out by a panel of three Board Members selected by the Chairperson of the CBCA. The panel members will review the applications forwarded by HRD and will retain the applications until they have rated and ranked each applicant.

      1. Rating Factors. An applicant must demonstrate the ability to conduct hearings in a dignified and orderly manner; prepare clear and concise statements of fact, law, and decision; and exercise the sound judgment, judicial temperament, and poise required for successful performance. The following rating factors are considered in ranking each applicant:
         1. Knowledge of public contract and procurement law and knowledge of the Federal rules of evidence and procedure;
         2. Ability to understand and interpret law, and to analyze, synthesize, and evaluate evidence and find facts;
         3. Ability to communicate concisely and clearly and to preside at meetings, conferences, and hearings; and
         4. Ability to make independent decisions in a fair and impartial manner, to make and write prompt decisions, to manage time efficiently, and to operate in a collegial environment.
         Using an established crediting plan, the panel will rate, in writing, each applicant as highly qualified, qualified, or minimally qualified, under each of the four rating factors listed above. The panel will contact references for, and interview, all applicants who are rated as qualified or highly qualified under at least three of the four rating factors in the crediting plan.
      2. References/Interview. Using a written questionnaire, the panel will contact at least two persons familiar with the applicant's qualifications to evaluate the applicant's experience, knowledge, and abilities. The panel will then interview eligible applicants.

      3. Final Rating. Based upon the panel's evaluation of the application, recommendations from the applicant's references, and the panel's interview with the applicant, the panel will rank each eligible applicant as "average," "above average," or "outstanding." In order to rank each applicant, the panel will assign a numerical rating for each applicant, using a written panel rating form, and once rated, the panel will place each applicant upon a register of eligibles for appointment. This register will be returned to HRD, along with all rating forms and applications, for HRD to verify the ratings and add any veteran preference points. Note: Veterans may submit Standard Form 15, Application for 10-Point Veteran Preference, if applicable. This form is available at http://opm.gov/forms or from the Office of Personnel Management, 1900 E Street, NW, Washington, DC 20415. Standard Form 15 must be accompanied by Defense Department Form 214, Certificate of Release or Discharge.

         An applicant will be eligible in the order of his/her assigned ratings and ranking for possible selection. Each applicant will be notified of his/her eligibility status by HRD and will remain on the register of eligibles for two years. Upon expiration of the two-year period, an applicant may submit a supplemental resume in order to remain on the register for an additional period of two years. At the discretion of the CBCA, the applicant may be re-interviewed and references may be re-checked at any time.

      4. Selection and Appointment to the CBCA. The CBCA Chairperson shall review the rating panel's selections and recommend an applicant to the Administrator of General Services for selection and appointment to the CBCA. The Chairperson shall include all materials received from the applicant, a statement explaining the reasons for the recommendation, and such other information as the Administrator may request. If the Administrator does not select the recommended applicant, the Chairperson shall make a further recommendation consistent with these procedures.
      5. Click to see Board Judge Vacancy Announcement .

Last Reviewed: December 28, 2012