48 CFR Part 6107 — Administrative False Claims Act Referrals

PART 6107—ADMINISTRATIVE FALSE CLAIMS ACT REFERRALS Authority: 41 U.S.C. 7105(e)(1)(E). Source: 91 FR 3798, Jan. 28, 2026, unless otherwise noted. 6107.701 Scope [Rule 701]. The rules in this part establish procedures for any matter referred to a member of the Board under the Administrative False Claims Act (AFCA), 31 U.S.C. 3803(d). 6107.702 Authority [Rule 702]. The Board is authorized to issue these rules under section 5203(g)(3)of the National Defense Authorization Act for Fiscal Year 2025 (Pub. L. 118-159), 31 U.S.C. 3801 note, and the Contract Disputes Act (CDA), 41 U.S.C. 7105(e)(1)(E). 6107.703 Rules for AFCA referrals [Rule 703]. The rules of procedure for referrals under the AFCA are the same as the rules of procedure for CDA cases under part 6101 of this chapter, including the definitions, with the following exceptions: (a) Rule 1. (2) The definitions in Rule 1(b) (48 CFR 6101.1(b)) of “appeal; appellant,” “appeal file,” “application; applicant,” “Board judge; judge,” “case,” “party,” “petition; petitioner,” and “respondent” do not apply. (3) The following definitions apply. Case. Complainant. Evidence file. Party. Respondent. (4) In place of Rule 1(d) (48 CFR 6101.1(d)), substitute the following. One Board member will preside in each referred case. The presiding Board member will set a schedule, oversee any discovery, conduct conferences, hearings, and other proceedings, and decide the merits. References to “the Board” in the rules of procedure for CDA cases shall, as appropriate in context, mean the presiding Board member, whose rulings are not precedential. (b) Rule 2. (1) the complaint; (2) a copy of the notice of referral that was mailed or delivered to the respondent pursuant to the AFCA; and (3) the answer, if any. If there is no answer, a referral may include a motion for a default decision. The Clerk will promptly notify the parties of the Board Chair's acceptance or non-acceptance of a referred case. (c) Rule 4. (d) Rule 5. (e) Rule 6. (f) Rule 9. (g) Rule 10. (h) Rule 12. (1) For lack of jurisdiction, or (2) At the request of the complainant and with the approval of the Board Chair. The presiding Board member may stay a case as is consistent with due process. (i) Rule 17. (j) Rule 18. (k) Rule 21. (l) Rule 25. (m) Rules 28, 31, 51-53. (n) Rule 55. 6107.704 Effective date [Rule 704]. The effective date of these rules is February 27, 2026.

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