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Saturday, June 20, 2026

Civilian Board of Contract Appeals Releases Fiscal Year 2021 Annual Report - JD Supra

TAKEAWAYS

  • Contractors docketed only 364 new appeals during FY 2021.
  • The Board issued an advisory opinion for the first time in its 14-year history.
  • The Board plans to offer the option to conduct hearings and ADR proceedings virtually or through a combination of in-person and virtual appearances once post-pandemic proceedings resume.

The Civilian Board of Contract Appeals (CBCA or Board) recently released its fiscal year (FY) 2021 report. The CBCA docketed 364 new matters in FY 2021, which was down slightly from the 378 new matters docketed in FY 2020. This represents the second consecutive year the Board docketed fewer than 400 new matters, which before last year had not happened since 2012. Of the 364 new matters, 185 were Contract Disputes Act cases and 72 were Alternative Dispute Resolution (ADR) cases, with the remaining consisting mostly of either appeals by civilian government employees concerning travel or relocation reimbursement denials or FEMA arbitration matters. For the second year in a row, the Board resolved more disputes than it docketed. The report also notes that for the first time since the Board’s 2007 inception, it issued an advisory opinion in response to a request by a U.S. district court pursuant to the Contract Disputes Act, 41 U.S.C. § 7107(f). The district court requested an advisory opinion on two issues of contract interpretation arising from a pending False Claims Act suit.

Judge Erica S. Beardsley, the CBCA Chair, noted in her...



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