The Civilian Board of Contract Appeals (CBCA) recently posted its Annual Report for Fiscal Year 2024 (Report).  In Fiscal Year 24 (FY24), Contract Disputes Act (CDA) appeals were down, while Alternative Dispute Resolution (ADR) proceedings were up.  In FY24, the CBCA docketed 319 new cases, down from 409 in FY23 and 372 in FY22.  Out of 319 total cases, only 165 were CDA appeals, down from 246 in FY23 and 177 in FY22.[1] The decrease in appeals tracks a similar trend at the Armed Services Board of Contract Appeals, which this year reported its lowest number of CDA appeals in the last 40 years.

Coupled with the increase in ADR, it appears that contractors and the government are interested in conserving resources by resolving disputes at the agency level or before enduring protracted litigation.  The CBCA conducted 73 ADRs in FY24, the highest number since 2018.  Of those 73, 60 fully resolved the dispute while another 2 partially resolved the dispute.  These ADR numbers are far higher than FY23, where 43 ADRs were conducted with a full resolution in only 30 cases and no partial resolutions.  In FY22, 66 ADRs were conducted with 43 fully resolving the dispute and no partial resolutions.

Most FY24 appeals and ADRs originated at the Department of Veterans Affairs (VA), followed by the General Services Administration (GSA) and Department of State (DOS). 

Other Notable Statistics

The CBCA resolved cases at least partially in favor of the contractor around 42 percent of the time in 2024, granting relief 14 times and partial relief 42 times of the 132 cases decided on the merits.  This is slightly down from FY23’s 45 percent rate, but still much higher than FY22, where contractors received a favorable decision only 33 percent of the time.

The CBCA dismissed 170 cases this year, 153 of which were voluntarily dismissed by the parties.

Electronic Docketing

Finally, the CBCA provided an update on its upcoming Electronic Docketing System (EDS).  The EDS will go live starting January 1, 2025, for CDA appeals and FEMA arbitrations.  Information on how to create an EDS account should be available on the CBCA website later this month.

[1] The CBCA also hears Federal Emergency Management Agency (FEMA) arbitrations, and cases related to federal employee travel and relocation, GSA debt cases (where private citizens owe the government money, often as the result of vehicular accidents with government vehicles), and Indian Self-Determination Act cases, among others.