48 CFR Part 6101 — Contract Disputes

PART 6101—CONTRACT DISPUTES Authority: 41 U.S.C. 7101-7109; 5 U.S.C. 504. Source: 83 FR 41010, Aug. 17, 2018, unless otherwise noted. 6101.1 General information; definitions [Rule 1]. (a) Scope and purpose. (b) Definitions. Appeal; appellant. Appeal file. Application; applicant. Attorney. Board judge; judge. Business days. Case. Clerk of the Board. Efile; efiling. cbca.efile@cbca.gov, Electronic storage medium. Electronically stored information. Electronic Docketing System (EDS Equal Access to Justice Act (EAJA), File; filing. Party. Petition; petitioner. Receipt. Respondent. Secure file transfer method. Upload. (c) Construction. (d) Panels. (1) Decide any appeal under the small claims procedure of Rule 52 (48 CFR 6101.52), any nondispositive motion, or any petition; and (2) Dismiss a case as permitted by Rule 12(c) (48 CFR 6101.12(c)). Rule 53(c) (48 CFR 6101.53(c)) provides the composition of panel members required for decisions under the Board's accelerated procedure. The Board decides all other matters by majority vote of a panel unless the full Board decides a matter under Rule 28 (48 CFR 6101.28). Only panel and full Board decisions are precedential. (e) Location and addresses. cbca.efile@cbca.gov. cbcaclerk@cbca.gov. (f) Clerk's office. [91 FR 3789, Jan. 28, 2026] 6101.2 Filing appeals, petitions, and applications; consolidation [Rule 2]. (a) Filing an appeal. (1) In writing; (2) Signed by the appellant, the appellant's attorney, or an authorized representative (see Rule 5 (48 CFR 6101.5)); and (3) Filed with the Board, with a copy to the contracting officer who received or issued the claim or the successor contracting officer. A notice of appeal should include: (i) The name, telephone number, and mailing and email addresses of the appellant and/or its attorney or authorized representative; (ii) The contract number; (iii) The name, telephone number, and mailing and email addresses of the contracting officer who received or issued the claim; (iv) A copy of the claim with any certification; and (v) A copy of the contracting officer's decision on the claim or a statement that the appeal is from a failure to issue a decision (“a deemed denial”). (b) Filing a petition. (1) In writing; (2) Signed by the petitioner, the petitioner's attorney, or an authorized representative (see Rule 5 (48 CFR 6101.5)); and (3) Filed with the Board, with a copy to the contracting officer who received the claim or the successor contracting officer. A petition shall ask the Board to order the contracting officer to issue a decision and should include: (i) The name, telephone number, and mailing and email addresses of the petitioner and/or its attorney or authorized representative; (ii) The contract number; (iii) The name of the contracting officer who received the claim, with that person's telephone number, mailing address, and email address; and (iv) A copy of the claim with any certification. (c) Filing an EAJA application. (d) Time limits. (2) Alternatively, under the CDA, a contractor may appeal when a contracting officer has not issued a decision on a claim within the time allowed by the CDA or the time set by a tribunal acting on a petition. (3) Under the CDA, a petition may be filed in the period between— (i) Receipt of notice from a contracting officer, within 60 days after the submission of a claim, that the contracting officer intends to issue a decision on the claim more than 60 days after its submission, and (ii) The due date stated by the contracting officer. (4) Under EAJA, an application must be filed within 30 days after the date that the decision in the underlying appeal becomes no longer subject to appeal. (e) Notice of docketing. (f) Consolidation. [83 FR 41010, Aug. 17, 2018, as amended at 91 FR 3790, Jan. 28, 2026] 6101.3 Computing and extending time [Rule 3]. (a) Computing time. (b) Extensions. [83 FR 41010, Aug. 17, 2018, as amended at 91 FR 3791, Jan. 28, 2026] 6101.4 Appeal file [Rule 4]. (a) Filing. (1) The contracting officer's decision on the claim; (2) The contract, including all pertinent specifications, amendments, plans, drawings, and incorporated proposals or parts thereof; (3) All correspondence between the parties relevant to the appeal; (4) The claim with any certification; (5) Relevant affidavits, witness statements, or transcripts of testimony taken before the appeal; (6) All documents relied on by the contracting officer to decide the claim; and (7) Relevant internal memoranda, reports, and notes. (b) Submission and assembly of appeal file. (2) Appeal file exhibits shall be in .pdf format or will be rejected. The appeal file index and each exhibit shall be separate documents with no subfolders or embedded documents. (3) Appeal file exhibits shall be complete, legible, arranged in chronological order, numbered, and indexed. Parties shall avoid filing duplicative exhibits and shall number exhibits continuously and consecutively from one filing to the next, so that a complete appeal file consists of one set of consecutively numbered exhibits. (4) Parties shall number the pages of each exhibit consecutively, unless an exhibit is already paginated in another logical manner. (5) The appeal file index shall describe each exhibit by date and content. (6) Parties may file documents in camera (7) Parties shall include in the appeal file all documents relevant to the merits of the case. (c) Supplementing. (d) Submission by order. (e) Status of exhibits. (f) Other procedures. [91 FR 3791, Jan. 28, 2026] 6101.5 Appearing; notice of appearance [Rule 5]. (a) Appearing before the Board Appellant; petitioner; applicant. (2) Respondent. (3) Others. amicus curiae. (b) Notice of appearance. (c) Appellant, applicant, and petitioner withdrawals of appearance. (2) If an appellant, applicant, or petitioner wishes to withdraw a representative who is unable or unwilling to file a motion to withdraw, the party may file a motion to remove the individual as a representative. The party must provide notice to the individual, who will have fourteen days to show cause why the motion should not be granted. The Board will consider the motion only if at least one remaining or replacement representative has entered an appearance in accordance with Rules 5(a) and (b) (paragraphs (a) and (b) in this section). (d) Respondent withdrawals of appearance. [83 FR 41010, Aug. 17, 2018, as amended at 91 FR 3791, Jan. 28, 2026] 6101.6 Pleadings; amending pleadings [Rule 6]. (a) Complaint. (b) Answer. (c) Amendments. (d) Motion in lieu of answer. [83 FR 41010, Aug. 17, 2018, as amended at 91 FR 3791, Jan. 28, 2026] 6101.7 Service of documents [Rule 7]. A party filing any document not submitted in camera (a) The method of filing; and (b) The recipient's physical address or email address when filing outside of EDS. The Board may consider a document not served or not properly filed if served in a manner inconsistent with this rule. [91 FR 3791, Jan. 28, 2026] 6101.8 Motions [Rule 8]. (a) Generally. (b) Jurisdictional motions. (c) Procedural motions. (d) Discovery motions. (e) Motions to dismiss for failure to state a claim. (f) Summary judgment motions Generally. (2) Additional filings with briefs Statement of undisputed material facts. (ii) Statement of genuine issues. (g) Briefing. (h) Effect of pending motion. [83 FR 41010, Aug. 17, 2018, as amended at 91 FR 3792, Jan. 28, 2026] 6101.9 Record; content and access[Rule 9]. (a) Record for decision. (1) Evidence. (i) Rule 4 (48 CFR 6101.4) appeal file exhibits other than those to which an objection is sustained; (ii) Other documents or parts thereof admitted as evidence; (iii) Tangible things admitted as evidence; (iv) Transcripts or recordings of testimony before the Board; and (v) Factual stipulations and factual admissions. (2) Other material. (i) The notice of appeal, petition, or application; (ii) The complaint, answer, and amendments thereto; (iii) Motions and briefs on motions; (iv) Other briefs; (v) Illustrative aids; and (vi) Anything else the Board may expressly admit or take notice of. (b) Other contents of case file. (c) Enlarging or reopening the record. (d) Protected and in camera submissions. (1) Protective orders. (2) In camera submissions. in camera (i) The party submits the document to explain a discovery dispute; (ii) The Board denies a motion for protective order, and the movant asks that the record include a document that the party would have used in the case with a protective order, for possible later review of the Board's denial; or (iii) Good cause exists to find that in camera (3) Status in record. in camera in camera (e) Access. [83 FR 41010, Aug. 17, 2018, as amended at 91 FR 3792, Jan. 28, 2026] 6101.10 Admissibility of evidence[Rule 10]. The Board may in its discretion receive any evidence to which no party objects. In ruling on evidentiary objections, the Board is guided but not bound by the Federal Rules of Evidence, except that the Board generally admits hearsay unless the Board finds it unreliable. 6101.11 Conferences [Rule 11]. The Board may order a conference of the parties for any purpose. Conferences are usually telephonic and are rarely recorded or transcribed. No one may record a conference by any means without Board approval. If the Board issues a memorandum or order memorializing a conference, a party has 5 days from receipt of the memorandum or order to object in writing to the memorialization. 6101.12 Stays and dismissals [Rule 12]. (a) Stays. (b) Dismissals Generally. (2) Voluntary dismissal. (3) For lack of jurisdiction. (4) For failure to prosecute. (5) Prejudice. (c) Dismissal orders and decisions. (d) Admonition. [83 FR 41010, Aug. 17, 2018, as amended at 91 FR 3792, Jan. 28, 2026] 6101.13 Discovery generally [Rule 13]. (a) Methods. (b) Scope. (c) Limits. (d) Timing. (e) Disputes Objections. (2) Duty to cooperate. (3) Motions to compel. (f) Subpoenas. 6101.14 Interrogatories; requests for production; requests for admission[Rule 14]. (a) Generally. (b) Interrogatories. (c) Requests for production. (d) Requests for admission Content. (2) Responses and failure to respond. (3) Relief from admission. (e) Altering time to respond. (f) Supplementing and correcting responses. 6101.15 Depositions [Rule 15]. (a) Generally. (b) Use. (c) To perpetuate testimony. 6101.16 Subpoenas [Rule 16]. (a) Expectation of cooperation in lieu of subpoena. (b) Generally. (c) How requested; form. (d) Production cost. (e) Service. (f) Motion to quash or modify. (g) Enforcement. (h) Letter rogatory in lieu of subpoena. [83 FR 41010, Aug. 17, 2018, as amended at 91 FR 3792, Jan. 28, 2026] 6101.17 Exhibits [Rule 17]. (a) Marking exhibits. (b) Copies. (c) Withdrawal. (d) Disposition. 6101.18 Election of hearing or record submission [Rule 18]. (a) Generally. (b) Hybrid election. 6101.19 Record submission without a hearing [Rule 19]. (a) Generally. (b) Evidence and objections. (c) Briefs and argument. [83 FR 41010, Aug. 17, 2018, as amended at 91 FR 3792, Jan. 28, 2026] 6101.20 Scheduling hearings [Rule 20]. (a) Generally. (b) Subject matter. (c) Unexcused absence. 6101.21 Hearing procedures [Rule 21]. (a) Generally. in camera (b) Witnesses, evidence, other exhibits. (c) Exclusion of witnesses. (d) Sworn testimony. 6101.22 Transcripts [Rule 22]. The Board arranges transcription of hearings, other than hearings under the small claims procedure of Rule 52 (48 CFR 6101.52). The Board may, but generally does not, arrange transcription of conferences or other proceedings. No one may record, either in person or virtually, or transcribe a Board proceeding without the Board's permission. The Board may order or acknowledge corrections to an official transcript. Each party is responsible for obtaining its own copy of a transcript. [91 FR 3792, Jan. 28, 2026] 6101.23 Briefs [Rule 23]. (a) Generally. (b) Prehearing, post-hearing, and other briefs. 6101.24 Closing the record [Rule 24]. (a) Closing the evidentiary record. (b) Closing the record for decision. [83 FR 41010, Aug. 17, 2018, as amended at 91 FR 3792, Jan. 28, 2026] 6101.25 Decisions and settlements[Rule 25]. (a) Decisions. (b) Settlements. (1) The Board is satisfied that it has jurisdiction; and (2) The stipulation states that no party will seek reconsideration of, seek relief from, or appeal the Board's decision. [83 FR 41010, Aug. 17, 2018, as amended at 91 FR 3792, Jan. 28, 2026] 6101.26 Reconsideration [Rule 26]. (a) Grounds. (b) Time limit for motion. (c) Effect of motion. [83 FR 41010, Aug. 17, 2018, as amended at 91 FR 3792, Jan. 28, 2026] 6101.27 Relief from decision or order [Rule 27]. (a) Grounds. (b) Time limit for motion. (c) Effect of motion. 6101.28 Full Board consideration[Rule 28]. (a) By motion. (b) By Board initiative. (c) Full Board decision. (d) Effect of motion. 6101.29 Clerical mistakes; harmless error [Rule 29]. (a) Clerical mistakes. (b) Harmless error. 6101.30 Award of fees and other expenses [Rule 30]. (a) Application for fees and other expenses. (b) Time for filing. (c) Application requirements. (1) Specify the applicant, appeal, and amount sought; (2) Explain why the applicant is legally eligible for an award; (3) Provide a schedule of fees and expenses with supporting documentation; (4) Be signed by the applicant or a person appearing for the applicant, with a declaration under penalty of perjury that the information in the application is correct; (5) Provide evidence of the applicant's small business status or net worth; and (6) Justify any request for attorney fees exceeding the statutory rate. (d) Proceedings. (2) The Board may order further proceedings if necessary for a full and fair resolution of issues arising from an application. (e) Decision. 6101.31 Payment of award [Rule 31]. When permitted by law, Board awards under contracts may be paid from the permanent indefinite judgment fund under 31 U.S.C. 1304 and 31 CFR part 256. An EAJA award is paid from funds of the respondent. 6101.32 Appeal from Board decision[Rule 32]. (a) Notice. (b) Record on review. (c) Certified list. (d) Inspection or copying of record. 6101.33 Remand from appellate Court [Rule 33]. If a Court remands a case to the Board for further proceedings, each party shall, within 30 days of receipt of the appellate mandate, recommend procedures to comply with the remand order. The Board will then issue an order on further proceedings. 6101.34 Ex parte communications[Rule 34]. No member of the Board or of the Board's staff will communicate with a party about any material issue in a case outside of the presence of the other party, and no one shall attempt such communications on behalf of a party. This rule does not bar such communications about the Board's administrative functions or procedures. 6101.35 Standards of conduct; sanctions [Rule 35]. (a) Standards of conduct. (b) Sanctions. (1) Taking the facts pertaining to the matter in dispute to be established for the purpose of the case in accordance with the contention of the party who is not at fault; (2) Forbidding the challenge of the accuracy of any evidence; (3) Refusing to allow the party to support or oppose designated claims or defenses; (4) Prohibiting the party from introducing into evidence designated claims or defenses; (5) Striking pleadings or parts thereof, or staying further proceedings until the order is obeyed; (6) Dismissing the case or any part thereof; (7) Enforcing the protective order and disciplining individuals subject to such order for violation thereof, including disqualifying a party's representative, attorney, expert, or consultant from further participation in the case; (8) Drawing evidentiary inferences adverse to the party; or (9) Imposing such other sanctions as the Board deems appropriate. (c) Denial of access to protected material. (d) Disciplinary proceedings Sanctions. (2) Suspension. 6101.36-6101.50 [Reserved] 6101.51 Alternative procedures [Rule 51]. An appellant in an eligible case may elect the small claims procedure under Rule 52 (48 CFR 6101.52) or the accelerated procedure under Rule 53 (48 CFR 6101.53). Parties may jointly elect alternative dispute resolution under Rule 54 (48 CFR 6101.54). 6101.52 Small claims procedure [Rule 52]. (a) Election. (b) Procedure. (c) Decision. 6101.53 Accelerated procedure [Rule 53]. (a) Election. (b) Procedure. (c) Decision. [83 FR 41010, Aug. 17, 2018, as amended at 91 FR 3792, Jan. 28, 2026] 6101.54 Alternative dispute resolution [Rule 54]. (a) Availability. (b) Procedures for requesting ADR. (c) Confidentiality. (d) ADR agreement. (e) Types of ADR. 6101.55 Effective date [Rule 55]. The effective date of these rules is identified in 48 CFR 6100.1(b). [91 FR 3792, Jan. 28, 2026]

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