The Board considers many kinds of cases, of which the principal varieties are:
The Board also provides alternative dispute resolution services in disputes involving any federal agency and a contractor to that agency.
All filings must be made submitted to the Clerk of the Board. Filings may be made in any of the following ways:
With rare exceptions, the Office of the Clerk is open from 8:00 a.m. to 4:30 p.m., Eastern Time, on every day other than Saturdays, Sundays, and federal holidays.
Any questions about filings may be addressed to the Clerk by telephone at (202) 606-8800.
Generally, a document is considered to be filed when it is received in its entirety by the Office of the Clerk of the Board during the Board's working hours -- no matter when the document was sent. The exception to this rule is that in Contract Disputes Act appeals, Indian Self-Determination Act cases, applications for costs, and FEMA arbitration cases, the initial filing is considered to be made upon the earlier of (a) its receipt by the Office of the Clerk or (b) if it is mailed, the date on which it is mailed. A United States Postal Service postmark is prima facie evidence that the document with which it is associated was mailed on the date of the postmark.
A notice of appeal shall be in writing and shall be signed by the appellant or by the appellant's attorney or authorized representative. If the appeal is from a contracting officer's decision, the notice of appeal should describe the decision in enough detail to enable the Board to differentiate that decision from any other; the appellant can satisfy this requirement by attaching to the notice of appeal a copy of the contracting officer's decision. If an appeal is taken from the failure of a contracting officer to issue a decision, the notice of appeal should describe in detail the claim that the contracting officer has failed to decide; the appellant can satisfy this requirement by attaching a copy of the written claim submission to the notice of appeal.
A written notice in any form is sufficient to initiate an appeal. The notice of appeal should include the following information:
The appellant must send a copy of the notice of appeal to the contracting officer whose decision is appealed or, if there has been no decision, to the contracting officer before whom the appellant's claim is pending.
A notice of appeal shall be in writing and shall be signed by the appellant or by the appellant's attorney or authorized representative. If the appeal is from a determination by the Deputy Administrator of Insurance Services regarding an action alleged not to be in accordance with the provisions of a Standard Reinsurance Agreement (or other reinsurance agreement), or if the appeal is from a determination by the Deputy Administrator of Compliance concerning a determination regarding a compliance matter, the notice of appeal should describe the determination in enough detail to enable the Board to differentiate that decision from any other; the appellant can satisfy this requirement by attaching to the notice of appeal a copy of the Deputy Administrator's determination. If an appeal is taken from the failure of a Deputy Administrator to make a timely determination, the notice of appeal should describe in detail the matter that the Deputy Administrator has failed to determine; the appellant can satisfy this requirement by attaching to the notice of appeal a copy of the written request for a determination it sent to the Deputy Administrator.
Any claim for entitlement to travel or relocation expenses must first be filed with the claimant's own agency. The agency shall initially adjudicate the claim. A claimant disagreeing with the agency's determination may request review of the claim by the Board.
A claim shall be in writing and must be signed by the claimant or by the claimant's attorney or authorized representative. No particular form is required. The request should describe the basis for the claim and state the amount sought. The request should also include:
If an agency has denied a claim for travel or relocation expenses, it may, at the claimant's request, forward the claim to the Board. The agency shall include the information required by the four paragraphs above.
A claim shall be in writing and must be signed by the claimant or by the claimant's attorney or authorized representative. No particular form is required. The request should describe the basis for the claim and state the amount sought. The request should also include:
An application for fees and other expenses shall:
A request for arbitration must contain a written statement and all documentation supporting the position of the applicant, the disaster number, and the name and address of the applicants authorized representative or counsel. A copy of the request must be filed simultaneously with the Board and the individuals at the Federal Emergency Management Agency (FEMA) and the State who are specified in the FEMA webpage.
Rarely, in the event of an emergency (such as inclement weather), the Office of the Clerk will close earlier than 4:30 p.m. or will not open at all on a particular day. Any filing which is due on such a day will be considered to be timely filed if it is filed on the next day on which the Office is open.
An appeal from a decision of a contracting officer shall be filed no later than 90 calendar days after the date the appellant receives that decision. An appeal may be filed if the contracting officer fails or refuses to issue a decision within the period of time specified in the Contract Disputes Act for issuing a decision.
An appeal from a determination of a Deputy Administrator shall be filed no later than 90 calendar days after the date the appellant receives that determination. An appeal may be filed if the Deputy Administrator fails or refuses to issue a determination within 90 days after the appellant submits a request for a determination.
Generally, a claim by a federal civilian employee for travel or relocation expenses must be filed within six years after the claim accrues.
Generally, a request for review of a General Services Administration audit action must be filed within six months after the action is taken.
An application for fees and other expenses shall be filed within 30 calendar days of a final disposition in the underlying appeal. The Board's decision becomes final (for purposes of the timeliness of the filing of a cost application) when it is not appealed to the United States Court of Appeals for the Federal Circuit within the time permitted for appeal or, if the decision is appealed, when the time for petitioning the Supreme Court for certiorari has expired.
Generally, a request for arbitration must be submitted within 30 calendar days after receipt of the determination that is the subject of the arbitration request or by September 30, 2009, whichever is later. If a request for arbitration is made by an applicant with a first or second level appeal pending with the Federal Emergency Management Agency (FEMA) pursuant to 44 CFR § 206.202 on or after February 17, 2009, and FEMA has not issued a decision on the appeal, then the applicant must submit a withdrawal of the pending appeal by October 30, 2009.
As the manual says, it "does not substitute in any way for a BCA's own rules." The ABA Manual may, however, be helpful to prospective litigants.