The Civilian Board of Contract Appeals (CBCA) recently posted its Annual Report for Fiscal Year 2025 (FY25), which showed a significant increase in appeals but decrease in Alternative Dispute Resolution (ADR). In FY25, the CBCA docketed a total of 390 new cases, a marked increase from 319 in FY24. Of those 390 new cases, 222 were Contract Disputes Act (CDA) appeals, up from 165 the previous FY.[1] Conversely, the CBCA’s ADR proceedings numbered 52, down from 73 in FY24. This trend is an inverse from the prior year, which saw a decrease in CDA appeals and an increase in ADR proceedings.[2] However, the shift is consistent with statistics reported by the Armed Services Board of Contract Appeals, which saw a significant increase in total docketed cases and a marginal decrease in ADR proceedings during FY25. The administration’s contract terminations and other efforts to cut what it considers wasteful federal spending may have led to the increased traffic at the boards of contract appeals.
The rate of success for ADRs also dipped in FY25. In FY23, nearly 70% of ADR proceedings resolved the dispute and, in FY24, a whopping 80% of proceedings resolved the dispute. By contrast, in FY25, only 28 of 52 ADR proceedings ended in resolution—a success rate of just over 50%. The decline in successful ADRs may signal a push from the administration to aggressively litigate contractor claims. Or, perhaps, parties are less willing to engage in ADR where success rates have notably dipped.
In any event, FY25 required the CBCA to manage an increase in appeals, which demand more time and resources, instead of informally resolving disputes through ADR. The CBCA’s rate of disposition did not markedly increase during FY25, which has led to a net change in the CBCA’s total docket count from the end of FY24 to the end of FY25 of plus 83.
Consistent with last year, most FY25 appeals and ADR proceedings originated at the Department of Veterans Affairs (70 appeals and 29 ADRs) and a significant amount at the General Services Administration (36 appeals and 11 ADRs). This year, however, saw a monumental increase in appeals originating at the United States Agency for International Development (USAID). Compared to FY24’s two USAID appeals, FY25 saw 43 USAID appeals. The increase in appeals of USAID contracts is likely a byproduct of the agency’s dissolution by the Department of Government Efficiency in early 2025.
Other Notable Updates
The CBCA returned to the office five days per week and resumed a normal schedule of in-person hearings. Nevertheless, the Board continues to offer virtual and hybrid hearings for parties unable to attend in-person. The Board has updated its courtroom technology to allow judges, remote participants, and in-person participants to interact within the courtroom.
In February 2025, the CBCA launched its Electronic Docketing System (EDS) for CDA appeals and FEMA arbitrations. Parties must create an account in EDS prior to filing any documents and can find instructions on the CBCA website. Parties may continue to submit Rule 4 appeal files and exhibits via efile, in-person delivery, courier, or mail.
[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.
[2] Appeals Down, ADR Up at CBCA in 2024 | The Federal Government Contracts & Procurement Blog