Rule2026-01709
Civilian Board of Contract Appeals; Rules of Procedure of the Civilian Board of Contract Appeals; Administrative Changes to Agency Rules of Practice and Procedure
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Published
January 28, 2026
Effective
February 27, 2026
Issuing agencies
General Services Administration
Abstract
The Civilian Board of Contract Appeals (Board) is making minor, noncontroversial amendments to its rules of practice and procedure to incorporate language that accounts for technological developments, to clarify differences between efiling and filing pleadings through the Board's Electronic Docketing System (EDS), to change definitions where necessary to integrate EDS filing, to delete obsolete terminology, and to enhance integration of the Board's new procedural rules proposed pursuant to recent amendments to the Administrative False Claims Act (AFCA) and the Contract Disputes Act (CDA).
Full Text
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<title>Federal Register, Volume 91 Issue 18 (Wednesday, January 28, 2026)</title>
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[Federal Register Volume 91, Number 18 (Wednesday, January 28, 2026)]
[Rules and Regulations]
[Pages 3788-3797]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2026-01709]
[[Page 3787]]
Vol. 91
Wednesday,
No. 18
January 28, 2026
Part II
General Services Administration
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48 CFR Parts 6100, 6101, 6102 et al.
Civilian Board of Contract Appeals; Rules of Procedure of the Civilian
Board of Contract Appeals; Administrative Changes to Agency Rules of
Practice and Procedure; Implementation of the Administrative False
Claims Act; Final Rules
Federal Register / Vol. 91, No. 18 / Wednesday, January 28, 2026 /
Rules and Regulations
[[Page 3788]]
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GENERAL SERVICES ADMINISTRATION
48 CFR Parts 6100 through 6106
[CBCA Case 2025-61-01; Docket No. GSA-CBCA-2025-0069; Sequence No. 1]
RIN 3090-AL15
Civilian Board of Contract Appeals; Rules of Procedure of the
Civilian Board of Contract Appeals; Administrative Changes to Agency
Rules of Practice and Procedure
AGENCY: Civilian Board of Contract Appeals; General Services
Administration (GSA).
ACTION: Final rule.
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SUMMARY: The Civilian Board of Contract Appeals (Board) is making
minor, noncontroversial amendments to its rules of practice and
procedure to incorporate language that accounts for technological
developments, to clarify differences between efiling and filing
pleadings through the Board's Electronic Docketing System (EDS), to
change definitions where necessary to integrate EDS filing, to delete
obsolete terminology, and to enhance integration of the Board's new
procedural rules proposed pursuant to recent amendments to the
Administrative False Claims Act (AFCA) and the Contract Disputes Act
(CDA).
DATES: This final rule is effective on February 27, 2026.
FOR FURTHER INFORMATION CONTACT: Tara Mehrbach, Chief Counsel, Civilian
Board of Contract Appeals, at 202-606-8790 or <a href="/cdn-cgi/l/email-protection#96e2f7e4f7b8fbf3fee4f4f7f5fed6f5f4f5f7b8f1f9e0"><span class="__cf_email__" data-cfemail="4733263526692a222f352526242f072425242669202831">[email protected]</span></a>.
For information pertaining to status or publication schedules, contact
the Regulatory Secretariat Division at 202-501-4755 or
<a href="/cdn-cgi/l/email-protection#35726674675052665056755246541b525a43"><span class="__cf_email__" data-cfemail="82c5d1c3d0e7e5d1e7e1c2e5f1e3ace5edf4">[email protected]</span></a>. Please cite RIN 3090-AL15.
SUPPLEMENTARY INFORMATION:
I. Background
The Board was established within GSA by section 847 of the National
Defense Authorization Act for Fiscal Year 2006, Public Law 109-163.
Board members are administrative judges appointed by the Administrator
of General Services under 41 U.S.C. 7105(b)(2) with the concurrence of
the Office of Federal Procurement Policy.
On December 23, 2024, the National Defense Authorization Act (NDAA)
for Fiscal Year 2025 (FY 2025 NDAA) (Pub. L. 118-159) was signed into
law. The FY 2025 NDAA expands the Administrative False Claims Act of
2023 (AFCA), 31 U.S.C. 3801 et seq. This Act, previously known as the
Program Fraud Civil Remedies Act of 1986, offers an administrative
remedy for addressing false claims and statements made to the United
States that the Department of Justice opts not to prosecute. The FY
2025 NDAA also amended the CDA (41 U.S.C. 7101-7109). The CDA amendment
expanded the jurisdiction of certain agency boards of contract appeals,
including the Board, to hear cases referred to the Board under AFCA (41
U.S.C. 7105). The new statutory language requires the Board to amend
procedural regulations within 180 days of enactment of the FY 2025 NDAA
(31 U.S.C. 3801 note).
The Board's new procedural rules associated with AFCA jurisdiction,
48 CFR 6107, will govern the Board's processing of cases under AFCA. In
drafting the new AFCA-related procedural rules, the Board had to make
some amendments to its existing rules of practice and procedure to
accommodate the AFCA-specific rules. The Board has also amended its
rules of practice and procedure to integrate terms and provisions
related to the Board's transition to an Electronic Docketing System
(EDS).
The Board's minor proposed amendments to its rules of practice and
procedure fall into several categories. A new provision at 48 CFR 6100
provides an introduction to the Board's rules and procedures. Other
categories of these amendments to the Board's rules of practice and
procedure include changes necessitated by the Board's transition to EDS
filing, editorial changes, removal of obsolete language, updates to
address the evolution of technology, alignment of language to
accommodate new or amended rules, and miscellaneous changes.
Rule changes necessitated by the Board's transition to EDS filing
include Rules 6101.1 (updating definitions related to business day,
efiling, service, and timeliness), 6101.4 (setting forth procedure for
efiling of appeal files), and 6101.7 (defining how service is achieved
when filing in EDS) as well as Rule 6106.604 and 6106.605 (requiring
the filing of all documents in EDS except upon permission of the Clerk
and for voluminous attachments, setting forth methods for filing
voluminous attachments, and updating service for Federal Emergency
Management Agency (FEMA) arbitration disputes).
Editorial changes were made to Rules 6101.1, 6101.2, 6101.3,
6101.4, 6101.5, 6101.6, 6101.8, 6101.9, 6101.12, 6101.13, 6101.16,
6101.19, 6101.24, 6101.25, 6101.26, and 6101.53. Editorial changes were
also made to Rules 6102.201 and 6102.202; 6103.301, 6103.302, 6103.303,
6103.304, 6103.306, and 6103.307; 6104.401, 6104.402, 6104.403,
6104.406, and 6104.407; 6105.501, 6105.502, 6105.503, 6105.505, and
6105.506; and 6106.604, 6106.605, 6106.607, 6106.609, 6106.610, and
6106.611.
Obsolete language was removed from Rules 6101.36 (removing the rule
regarding the Board's seal which is no longer used to authenticate
filings), 6102.202 (removing paper filing and other obsolete
requirements in Federal Crop Insurance Corporation (FCIC) disputes),
6103.302 (removing information about filing by facsimile for
transportation rate claims), 6104.402 (removing information about
filing by facsimile for travel and relocation claims), and 6105.502
(removing information about filing by facsimile for travel and
relocation requests for advisory opinions).
Many rules were updated to address the evolution of technology
including Rules 6101.1 (explaining efiling, transmission of electronic
records, EDS, computation of time, and what constitutes service;
removing the Board's facsimile information; and clarifying email
addresses), 6101.4 (setting forth the procedure for efiling appeal
files and removing paper filing of appeal files), 6101.9 (explaining
that parties in a CDA case can access case records in EDS), and 6101.22
(restricting the recording of hearings regardless of whether the
hearing is conducted in person or virtually); 6102.202 (updating
efiling provisions for FCIC disputes); 6103.301 (updating efiling
methods and computation of time for transportation rate claims),
6103.302 (updating when a transportation rate claim is considered
filed), and 6103.303, 6103.304, and 6103.307 (setting forth uniform 30-
day response, reply, and reconsideration request time requirements for
transportation rate claims regardless of location of claimant or agency
office); 6104.401 (updating efiling methods and computation of time for
travel and relocation claims) and 6104.403, 6104.404, and 6104.407
(setting forth uniform 30-day response, reply, and reconsideration
request time requirements for transportation rate claims regardless of
location of claimant or agency office); 6105.502 (updating efiling
methods and computation of time for travel and relocation requests for
advisory opinions) and 6105.503 and 6105.506 (setting forth uniform 30-
day additional submission and reconsideration request time requirements
regardless of the location of the affected employee or agency for
matters related to an agency's request for a decision on questions
involving payment of travel or relocation expenses); 6106.604 (cross-
referencing
[[Page 3789]]
updated definitions in the CDA rules related to business day, filing in
EDS, efiling, and filing methods for exhibits), 6106.611 (expanding
FEMA ``hearing'' options under streamlined procedures in FEMA
arbitrations to include in person, virtual, hybrid, and/or on the
written record), and 6106.612 (expanding the ``hearing'' options to
include in person, virtual, or hybrid hearings).
Several rules were amended to align existing rule language with
statutory or regulatory language or new or amended rule language
including Rule 6101.36-50 (reserved) and 6101.55 (adding effective
date); 6102.201 (updating statutory reference) and 6102.203 (adding
effective date); 6103.309 (adding effective date); 6104.409 (adding
effective date); 6105.507 (adding effective date); 6106.602 (aligning
minimum dispute amount with statutory language), 6106.603 (aligning
with regulatory language and adding cross-reference to time
computation), 6106.604 (updating language to comport with EDS filing
requirements), and 6106.614 (adding effective date).
Miscellaneous changes were made to Rules 6101.5 (addressing
withdrawals of appearance); 6101.8 (explaining weighing of factual
assertions and undisputed facts); 6104.406 (addressing publication of
travel and relocation decisions); 6105.505 (addressing publication of
travel and relocation requests for advisory opinions); 6106.605
(explaining the Board's preferred method of assembling and submitting
exhibits and clarifying citation requirements); and 6106.608 and
6106.611 (addressing confidentiality).
II. Rules of Agency Procedure and Practice
Under the Administrative Procedure Act, rules of agency procedure
or practice are exempt from the act's notice and comment rulemaking
requirements. 5 U.S.C. 553(b)(A). As this rule constitutes revisions to
the Board's existing procedural rules and practice requirements, the
rule is exempt from notice and comment requirements.
III. Executive Orders 12866 and 13563
Executive Orders (E.O.s) 12866 and 13563 direct agencies to assess
all costs and benefits of available regulatory alternatives and, if
regulation is necessary, to select regulatory approaches that maximize
net benefits (including potential economic, environmental, public
health and safety effects, distributive impacts, and equity). E.O.
13563 emphasizes the importance of quantifying both costs and benefits,
of reducing costs, of harmonizing rules, and of promoting flexibility.
The Office of Management and Budget's Office of Information and
Regulatory Affairs (OIRA) has determined that this rule is not a
significant regulatory action and, therefore, was not subject to review
under section 6(b) of E.O. 12866.
IV. Executive Order 14192
This rule is not an E.O. 14192 regulatory action because this rule
is not significant under E.O. 12866.
V. Congressional Review Act
OIRA has determined that this is not a ``major rule'' as defined by
5 U.S.C. 804(2).
VI. Regulatory Flexibility Act
As this final rule is exempt from the Administrative Procedure
Act's public notice requirements pursuant to 5 U.S.C. 553(b)(A) (rules
of agency procedure or practice), a Regulatory Flexibility Analysis is
not required.
VII. Paperwork Reduction Act
The Paperwork Reduction Act, 44 U.S.C. 3501 et seq., does not apply
because this rule does not impose any new or modified information
collection requirements that require the approval of the Office of
Management and Budget.
VIII. Unfunded Mandates Reform Act of 1995
This rule will not impose a federal mandate that may result in the
expenditure by state, local, and tribal governments, in the aggregate,
or by the private sector, of $100 million or more in any one year.
List of Subjects
48 CFR Part 6100
Administrative practice and procedure, Rules of procedure.
48 CFR Part 6101
Administrative practice and procedure, Claims, Government
procurement.
48 CFR Part 6102
Administrative practice and procedure, Agriculture.
48 CFR Part 6103
Administrative practice and procedure, Freight forwarders.
48 CFR Parts 6104 and 6105
Administrative practice and procedure, Travel and relocation
expenses.
48 CFR Part 6106
Administrative practice and procedure, Disaster assistance.
Erica S. Beardsley,
Chair, Civilian Board of Contract Appeals, General Services
Administration.
For the reasons set forth in the preamble, GSA amends 48 CFR
chapter 61 as set forth below:
0
1. Add part 6100 to read as follows:
PART 6100--RULES OF PROCEDURE OF THE CIVILIAN BOARD OF CONTRACT
APPEALS
Sec.
6100.1 General.
6100.2 [Reserved]
Authority: 5 U.S.C. 504; 7 U.S.C. 1501 et. seq.; 31 U.S.C. 3529;
31 U.S.C. 3702; 31 U.S.C. 3726(i)(1); 31 U.S.C. 3803(d); 41 U.S.C.
438(c)(2); 41 U.S.C. 7101-7109; 42 U.S.C. 5189a(d).
6100.1 General.
(a) Scope. The parts in this chapter address different types of
matters brought before the Board. The rules in each part apply only to
matters brought under that part unless otherwise specified. Board
judges also preside in matters not covered by this chapter.
(b) Effective date. Unless otherwise provided in a part of this
chapter the rules of this chapter govern cases filed with the Board on
or after February 27, 2026, and all further proceedings in cases then
pending, unless the Board decides that using the rules in this chapter
in a case pending on their effective date would be inequitable or
infeasible.
(c) Use of Electronic Docketing System (EDS). Some, but not all, of
the matters covered by this chapter require parties to submit certain
filings in EDS (see Rule 1(b) (48 CFR 6101.1(b))). The matters
requiring filing in EDS are set forth in the applicable parts and are
posted on the Board's website: <a href="https://www.cbca.gov">https://www.cbca.gov</a>.
6100.2 [Reserved]
PART 6101--CONTRACT DISPUTES
0
2. Revise the heading for part 6101 to read as set forth above.
0
3. The authority citation for part 6101 is revised to read as follows:
Authority: 41 U.S.C. 7101-7109; 5 U.S.C. 504.
0
4. Revise section 6101.1 to read as follows:
6101.1 General information; definitions [Rule 1].
(a) Scope and purpose. The rules of procedure in this part apply to
matters
[[Page 3790]]
filed with the Board under the Contract Disputes Act (CDA), 41 U.S.C.
7101-7109, under a non-CDA contract that allows for Board review, and
under the Equal Access to Justice Act (EAJA), 5 U.S.C. 504 (see Rule
1(b) (48 CFR 6101.1(b)). The Board may alter the procedures on its own
initiative or on request of a party to promote the just, informal,
expeditious, and inexpensive resolution of a case.
(b) Definitions. As used in this part:
Appeal; appellant. ``Appeal'' means a contract dispute filed with
the Board under the CDA or under a non-CDA contract that allows for
Board review. An ``appellant'' is the contractor filing an appeal.
Appeal file. ``Appeal file'' means the submissions to the Board
under Rule 4 (48 CFR 6101.4).
Application; applicant. ``Application'' means a submission to the
Board under Rule 30 (48 CFR 6101.30) of a request for an award of fees
and other expenses under EAJA or another provision authorizing such an
award. An ``applicant'' is a party filing an application.
Attorney. ``Attorney'' means a person licensed to practice law in a
state, commonwealth, or territory of the United States or in the
District of Columbia.
Board judge; judge. ``Board judge'' or ``judge'' means a member of
the Board.
Business days. The Board's business days are days other than
Saturdays, Sundays, Federal holidays, and days on which the Board, for
any reason, does not open or is required to close before 4:30 p.m.
(Eastern Time).
Case. ``Case'' means an appeal, petition, or application.
Clerk of the Board. The ``Clerk'' of the Board receives filings,
dockets cases, and prepares official correspondence for the Board.
Efile; efiling. To ``efile'' a document means to submit it to the
Board by emailing it to <a href="/cdn-cgi/l/email-protection#c2a1a0a1a3eca7a4abaea782a1a0a1a3eca5adb4"><span class="__cf_email__" data-cfemail="3e5d5c5d5f105b5857525b7e5d5c5d5f10595148">[email protected]</span></a>, as allowed by rule or
permission of the Clerk. A document so filed is an ``efiling.''
Protected material shall not be efiled unless a Board judge has entered
a protective order. Classified material cannot be efiled. Efiling
occurs upon receipt by the Board's email server. Parties shall review
the Board's website for filing format, size, and other requirements.
Electronic storage medium. ``Electronic storage medium'' includes,
but is not limited to, hard disks, compact discs (CDs), Universal
Serial Bus (USB) flash drives, and digital versatile discs (DVDs).
Electronically stored information. ``Electronically stored
information'' means information created, manipulated, communicated,
stored, and best used in digital form with computer hardware and
software.
Electronic Docketing System (EDS). ``EDS'' is the Board's automated
system by which the parties may upload and access documents
electronically. The Board posts EDS instructions and manuals on its
website. Parties shall review the website for filing format, size, and
other requirements.
Equal Access to Justice Act (EAJA), 5 U.S.C. 504. This statute
governs applications for awards of fees and other expenses in certain
CDA cases.
File; filing. To ``file'' a document means to submit it to the
Board by means authorized by rule or permission of the Clerk.
``Filing'' types include as permitted: hand deliveries, including by
courier, to the Clerk; United States Postal Service (USPS) mail;
efiling; upload in EDS; and transfers via a secure file transfer
method. Documents filed electronically should usually be in portable
document format (PDF). The Board prefers that documents are enabled to
allow word searches through text recognition. See the Board's website
for additional information on filing documents, including appeal file
exhibits. Efilings and EDS uploads received by 11:59:59 p.m. (Eastern
Time) are same-day filings. Efilings and EDS uploads received at or
after midnight (12:00 a.m. Eastern Time) are next-business day filings.
Transfers via a secure file transfer method are received when the Clerk
receives the party's notice that a transfer has been made to the
portal. The date the Clerk receives the secure file transfer notice is
determined by the same timing rules as applied to efilings and EDS
uploads. A notice of appeal or application is filed upon the earlier of
its receipt by the Clerk or, if mailed through the USPS, the mailing
date. A USPS postmark is prima facie evidence of a mailing date.
Party. ``Party'' means an appellant, applicant, petitioner, or
respondent.
Petition; petitioner. ``Petition'' means a request that the Board
direct a contracting officer to issue a written decision on a claim. A
``petitioner'' is a party submitting a petition.
Receipt. The Board deems a party's ``receipt'' of a document to
occur upon the earlier of the sending party's emailing of the document
to the receiving party's email address of record (without notice of
delivery failure) or the receiving party's possession of a document
sent by other means.
Respondent. A ``respondent'' is the government agency whose
decision, action, or inaction is the subject of an appeal, petition, or
application.
Secure file transfer method. Secure file transfer methods allow for
the secure transfer of files between systems. The requirements for
transferring documents to the Board via a secure file transfer method
are posted on the Board's website.
Upload. To ``upload'' a document means to submit it successfully
through EDS.
(c) Construction. The Board construes this part to promote the
just, informal, expeditious, and inexpensive resolution of every case.
The Board may apply principles of the Federal Rules of Civil Procedure
(28 U.S.C. App.) to resolve issues not covered by this part.
(d) Panels. The Board assigns each case to a panel of three judges,
one of whom presides. The presiding judge sets the case schedule,
oversees discovery, and conducts conferences, hearings, and other
proceedings. The presiding judge may, without participation by other
panel members:
(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. The Board's physical and mailing
address is 1800 M Street NW, 6th Floor, Washington, DC 20036. The
Clerk's telephone number is (202) 606-8800. The Clerk's email address
for efiling is <a href="/cdn-cgi/l/email-protection#d0b3b2b3b1feb5b6b9bcb590b3b2b3b1feb7bfa6"><span class="__cf_email__" data-cfemail="34575657551a51525d585174575657551a535b42">[email protected]</span></a>. The Clerk's email address for
purposes other than efiling is <a href="/cdn-cgi/l/email-protection#5734353436343b32253c173435343679303821"><span class="__cf_email__" data-cfemail="7615141517151a13041d361514151758111900">[email protected]</span></a>.
(f) Clerk's office. The Clerk's office is open to the public and
for physical deliveries from 8:00 a.m. to 4:30 p.m. (Eastern Time) on
business days (see Rule 1(b) (48 CFR 6101.1(b))).
0
5. Amend section 6101.2 by revising paragraphs (a) and (b) to read as
follows:
6101.2 Filing appeals, petitions, and applications; consolidation
[Rule 2].
(a) Filing an appeal. A notice of appeal shall be:
(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
[[Page 3791]]
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. A petition shall be:
(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.
* * * * *
6101.3 [Amended]
0
6. Amend section 6101.3 in paragraph (a) by removing ``A period ends
on'' and adding ``A period must end on'' in its place.
0
7. Revise section 6101.4 to read as follows:
6101.4 Appeal file [Rule 4].
(a) Filing. Within 30 days after receiving the Board's docketing
notice, the respondent shall file and serve all documents relevant to
the appeal, including:
(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. (1) Appeal file
exhibits may be efiled (see the Board's website for size requirements),
transferred via a secure file transfer method, or submitted on
electronic storage medium. Appeal file exhibits may not be filed in
EDS.
(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 only by permission of the
Board.
(7) Parties shall include in the appeal file all documents relevant
to the merits of the case.
(c) Supplementing. Within the time set by the Board in an appeal, a
party may file non-duplicative documents relevant to the claim,
organized as instructed in Rule 4(b) (paragraph (b) of this section),
starting with the next available exhibit number.
(d) Submission by order. The Board may order a party to supplement
the appeal file, including by filing an exhibit in another format.
(e) Status of exhibits. The Board considers appeal file exhibits
part of the record for decision under Rule 9(a) unless a party objects
to an exhibit within the time set by the Board and the Board sustains
the objection.
(f) Other procedures. The Board may postpone or waive the filing of
an appeal file.
0
8. Amend section 6101.5 by:
0
a. Removing from the introductory text of paragraph (a) ``the Board--''
and adding ``the Board--'' in its place;
0
b. Removing from the last sentence of paragraph (b) ``each State bar''
and adding ``each state bar'' in its place;
0
c. Revising paragraph (c); and
0
d. Adding paragraph (d).
The revision and addition read as follows:
6101.5 Appearing; notice of appearance [Rule 5].
* * * * *
(c) Appellant, applicant, and petitioner withdrawals of appearance.
(1) A representative of an appellant, applicant, or petitioner who has
filed a notice of appearance, or is deemed to have done so under Rule
5(b) (paragraph (b) of this section), and wishes to withdraw from a
case must file a motion identifying by name, telephone number, mailing
address, and email address the person who will assume responsibility
for representing the party in question. The motion must state grounds
for withdrawal, unless the motion represents that the party in question
will meet the existing case schedule.
(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. A respondent may withdraw
or substitute an attorney or representative at any time by filing a
notice of withdrawal and/or substitution of the attorney or
representative that is signed by a remaining attorney or representative
or a newly designated attorney or representative.
6101.6 [Amended]
0
9. Amend section 6101.6 in the first sentence of paragraph (a) by
removing ``complaint stating in simple, concise, and direct terms'' and
adding ``complaint with a simple, concise, and direct statement of'' in
its place.
0
10. Revise section 6101.7 to read as follows:
6101.7 Service of documents [Rule 7].
A party filing any document not submitted in camera (see Rule
9(d)(2) (48 CFR 6101.9(d)(2))) shall send a copy to the other party by
the same method as used for the filing or by a faster method. EDS
automatically serves documents on parties with active EDS accounts to
whom the Clerk has granted matter-specific access. For any documents
not filed in EDS, including appeal file exhibits, the parties shall
serve such documents. Parties shall certify to the Board:
(a) The method of filing; and
[[Page 3792]]
(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.
0
11. Amend section 6101.8 by:
0
a. Removing from paragraph (a) ``(48 CFR 6101.23(b))'' and adding ``(48
CFR 6101.23(b)))'' in its place;
0
b. Removing from paragraph (c) ``(48 CFR 6101.3(b))'' and adding ``(48
CFR 6101.3(b)))'' in its place; and
0
c. Revising paragraph (f).
The revision reads as follows:
6101.8 Motions [Rule 8].
* * * * *
(f) Summary judgment motions--(1) Generally. A party may move for
summary judgment on all or part of a claim or defense if the party
believes in good faith it is entitled to judgment as a matter of law
based on undisputed material facts. In deciding motions for summary
judgment, the Board looks to Rule 56 of the Federal Rules of Civil
Procedure for guidance.
(2) Additional filings with briefs--(i) Statement of undisputed
material facts. The movant shall file with its brief a separate
document titled, ``Statement of Undisputed Material Facts.'' This
document shall set forth in numbered paragraphs all facts necessary to
support the motion. Undisputed material facts shall be supported by
citations to appeal file exhibits, admissions in pleadings, and/or
evidence filed with the brief. The Board may disregard factual
assertions not made in conformity with this rule.
(ii) Statement of genuine issues. The opposing party shall file
with its brief a separate document titled, ``Statement of Genuine
Issues.'' This document shall respond in correspondingly numbered
paragraphs to the Statement of Undisputed Material Facts by admitting,
denying, or admitting with qualification the facts stated. Factual
disputes may be shown by citing appeal file exhibits, admissions in
pleadings, and/or evidence filed with either brief. The Board may treat
as undisputed a fact presented in conformity with Rule 8(f)(2)(i)
(paragraph (f)(2) of this section) that the opposing party admits,
ignores, or denies without adequate support and/or explanation.
* * * * *
0
12. Amend section 6101.9 by revising paragraphs (a)(2)(v) and (e) to
read as follows:
6101.9 Record; content and access [Rule 9].
(a) * * *
(2) * * *
(v) Illustrative aids; and
* * * * *
(e) Access. Parties may access case records in EDS. The Clerk may
refer non-parties seeking case records to the parties or Board staff,
as appropriate.
0
13. Amend section 6101.12 by revising paragraphs (b)(1) and (3), and
adding paragraph (b)(5) to read as follows:
6101.12 Stays and dismissals [Rule 12].
* * * * *
(b) * * *
(1) Generally. The Board may dismiss a case or part of a case
either on motion of a party or after permitting a response to an order
to show cause.
* * * * *
(3) For lack of jurisdiction. If the Board finds that it lacks
jurisdiction to decide all or part of a case, the Board will dismiss
without prejudice the case or the part of the case, regardless of the
parties' positions on jurisdiction or dismissal.
* * * * *
(5) Prejudice. Except for dismissals for lack of jurisdiction,
dismissals are with prejudice unless a Board order or other applicable
law provides otherwise.
* * * * *
6101.16 [Amended]
0
14. Amend section 6101.16 in paragraph (b) by removing ``imposing undue
burden'' and adding ``imposing an undue burden'' in its place.
6101.19 [Amended]
0
15. Amend section 6101.19 in paragraph (b) by removing ``(or makes a
hybrid election under Rule 18(b)(48 CFR 6101.18(b))'' and adding ``(or
makes a hybrid election under Rule 18(b)(48 CFR 6101.18(b)))'' in its
place.
0
16. Revise section 6101.22 to read as follows:
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.
6101.24 [Amended]
0
17. Amend section 6101.24 in paragraph (a) by removing ``hearing under
Rule 20'' and adding ``hearing under Rule 20 (48 CFR 6101.20)'' in its
place.
0
18. Amend section 6101.25 by revising paragraph (b) to read as follows:
6101.25 Decisions and settlements [Rule 25].
* * * * *
(b) Settlements. Parties may settle a case by stipulating to the
amount of an award. The Board may issue a decision awarding the
stipulated amount if:
(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.
0
19. Amend section 6101.26 by revising paragraph (b) to read as follows:
6101.26 Reconsideration [Rule 26].
* * * * *
(b) Time limit for motion. A party may move for reconsideration of
a decision or order on an appeal or petition within 30 days after that
party receives the decision or order. A party may move for
reconsideration of a decision or order on an application within 7 days
after receiving the decision or order. The Board does not extend these
time limits absent good cause or if the decision has become final as a
matter of law.
* * * * *
6101.36 [Removed and Reserved]
0
20. Remove and reserve section 6101.36.
6101.53 [Amended]
0
21. Amend section 6101.53 in paragraph (c) by removing ``the panel will
decide the appeal'' and adding ``the full panel will decide the
appeal'' in its place.
0
22. Add section 6101.55 to read as follows:
6101.55 Effective date [Rule 55].
The effective date of these rules is identified in 48 CFR
6100.1(b).
PART 6102--CROP INSURANCE CASES
0
23. The authority citation for part 6102 continues to read as follows:
Authority: 7 U.S.C. 1501 et seq.; 41 U.S.C. 438(c)(2).
0
24. Revise section 6102.201 heading and text to read as follows:
6102.201 Scope [Rule 201].
These procedures govern the Board's resolution of disputes between
insurance companies and the Department of Agriculture's Risk Management
Agency (RMA) involving actions of the Federal Crop Insurance
[[Page 3793]]
Corporation (FCIC). Prior to the creation of this Board, the Department
of Agriculture Board of Contract Appeals resolved these disputes
pursuant to statute, 7 U.S.C. 1501 et seq. (the Federal Crop Insurance
Act), and regulations, 7 CFR 24.4(b) and 400.169. The Board has this
authority to resolve these disputes under the Contract Disputes Act, 41
U.S.C. 7105(b)(4)(B).
0
25. Revise section 6102.202 to read as follows:
6102.202 Rules for crop insurance cases [Rule 202].
The rules of procedure for these cases are the same as the rules of
procedure for Contract Disputes Act appeals (48 CFR 6101) with these
exceptions:
(a) Rule 1(b) (Definitions) (48 CFR 6101.1(b)). (1) The term
``appeal'' means a dispute between an insurance company that is a party
to a Standard Reinsurance Agreement (or other reinsurance agreement)
and the RMA, and the term ``appellant'' means the insurance company
filing an appeal.
(2) The terms ``petition'' and ``petitioner'' do not apply to FCIC
cases.
(3) Unless otherwise authorized by the Clerk, parties shall efile
all submissions in accordance with Rule 1(b) (``efile; efiling'') (48
CFR 6101.1(b)).
(b) Rule 1(d) (Panels). The procedures in Rule 1(d) (48 CFR
6101.1(d)) regarding small claims under Rule 52 (48 CFR 6101.52) and
accelerated procedures under Rule 53 (48 CFR 6101.53) do not apply.
(c) Rule 2(a) (Filing an appeal). In place of Rule 2(a) (48 CFR
6101.2(a)), substitute the following: A notice of appeal shall be in
writing and signed by the appellant or by the appellant's attorney or
authorized representative. If the appeal is from a determination by the
Deputy Administrator of Insurance Services regarding an action alleged
not to be in accordance with the provisions of a Standard Reinsurance
Agreement (or other reinsurance agreement) or if the appeal is from a
determination by the Deputy Administrator of Compliance concerning a
determination regarding a compliance matter, the notice of appeal
should describe the determination in enough detail to enable the Board
to differentiate that decision from any other. The appellant can
satisfy this requirement by attaching to the notice of appeal a copy of
the Deputy Administrator's determination. If an appeal is taken from
the failure of the Deputy Administrator to make a timely determination,
the notice of appeal should describe in detail the matter that the
Deputy Administrator has failed to determine. The appellant can satisfy
this requirement by attaching to the notice of appeal a copy of the
written request for a determination it sent to the Deputy
Administrator. The notice of appeal shall also contain:
(1) The name, telephone number, and mailing and email addresses of
the appellant and/or its attorney or authorized representative; and
(2) The name, telephone number, and mailing and email addresses of
the Deputy Administrator who received or issued the claim. The
appellant shall provide the Deputy Administrator a copy of the notice
of appeal and attachments.
(d) Rule 2(b) (Filing a petition). Rule 2(b) (48 CFR 6101.2(b))
does not apply to FCIC cases.
(e) Rule 2(d) (Time limits). (1) In place of Rule 2(d)(1) (48 CFR
6101.2(d)(1)), substitute the following: An appeal from a determination
of a Deputy Administrator shall be filed no later than 90 calendar days
after the date the appellant receives that determination. The Board is
authorized to resolve only those appeals that are timely filed.
(2) In place of Rule 2(d)(2) (48 CFR 6101.2(d)(2)), substitute the
following: An appeal may be filed with the Board if the Deputy
Administrator fails or refuses to issue a determination within 90 days
after the appellant submits a request for a determination.
(3) Rule 2(d)(3) (48 CFR 6101.2(d)(3)) does not apply to FCIC
cases.
(f) Rule 4 (Appeal file). In place of Rule 4(a) (48 CFR 6101.4(a)),
substitute the following: Within 30 days after receiving the Board's
docketing notice, the respondent shall file and serve all documents
relevant to the appeal, including:
(1) The determination of the Deputy Administrator that is the
subject of the dispute;
(2) The reinsurance agreement (with amendments or modifications) at
issue in the dispute;
(3) Pertinent correspondence between the parties that is relevant
to the dispute, including prior administrative determinations and
related submissions;
(4) Documents and other tangible materials on which the Deputy
Administrator relied in making the underlying determination; and
(5) Any additional material pertinent to the authority of the Board
or the resolution of the dispute.
(g) Rule 5 (Appearing; notice of appearance). In Rule 5(a)(2) (48
CFR 6101.5(a)(2)), replace ``contracting officer or the contracting
officer's authorized representative'' with ``Deputy Administrator.''
(h) Rule 7 (Service of documents). The second sentence of Rule 7
(48 CFR 6101.7) does not apply to FCIC cases.
(i) Rule 16 (Subpoenas). Rules 16(b) through (h) (48 CFR 6101.16(b)
through (h)) do not apply. Instead, upon the written request of any
party filed with the Clerk of the Board, or upon the initiative of a
judge, a judge is authorized by delegation from the Secretary of
Agriculture to request the appropriate United States Attorney to apply
to the appropriate United States District Court for the issuance of
subpoenas pursuant to 5 U.S.C. 304.
(j) Rule 25 (Decisions and settlements). In Rule 25(a) (48 CFR
6101.25(a)), the phrase, ``except as allowed by Rule 52,'' does not
apply to FCIC cases.
(k) Rule 32 (Appeal from Board decision). In place of Rules 32(a)
through (c) (48 CFR 6101.32(a) through (c)), substitute the following:
(1) Finality of Board decision. A decision of the Board is a final
administrative decision.
(2) Appeal permitted. An appellant may file suit in the appropriate
United States District Court to challenge the Board's decision. An
appellant filing such a suit shall provide the Board with a copy of the
complaint.
(l) Rule 51 (Alternative procedures). Rule 51 (48 CFR 6101.51) does
not apply to FCIC cases, except for the availability of alternative
dispute resolution under Rule 54 (48 CFR 6101.54).
(m) Rule 52 (Small claims procedure). Rule 52 (48 CFR 6101.52) does
not apply to FCIC cases.
(n) Rule 53 (Accelerated procedure). Rule 53 (48 CFR 6101.53) does
not apply to FCIC cases.
0
26. Add section 6102.203 to read as follows:
6102.203 Effective date [Rule 203].
The effective date of these rules is identified in 48 CFR
6100.1(b).
PART 6103--TRANSPORTATION RATE CASES
0
27. The authority citation for part 6103 is revised to read as follows:
Authority: 31 U.S.C. 3726(i)(1); 41 U.S.C. 7101-7109; Sec.
201(o), Pub. L. 104-316, 110 Stat. 3826, 3842-44.
0
28. Amend section 6103.301 by:
0
a. Removing from paragraph (b) ``These procedures are applicable to''
and adding ``These procedures apply to'' in its place; and
0
b. Adding paragraphs (c) and (d) to read as follows:
6103.301 Scope [Rule 301].
* * * * *
(c) Filing method and computation of time. Unless otherwise
authorized by
[[Page 3794]]
the Clerk, parties shall efile all submissions in accordance with Rule
1(b) (``efile; efiling'') (48 CFR 6101.1(b)). Time periods are computed
in accordance with Rule 3(a) (48 CFR 6101.3(a)). See Rule 1(b)
(``business days'') (48 CFR 6101.1(b)). Efilings received by 11:59:59
p.m. (Eastern Time) are same-day filings. Efilings received at or after
midnight (12:00 a.m. Eastern Time) are next-business day filings.
(d) Location and hours. See Rule 1(e) (48 CFR 6101.1(e)) for the
Board's location, telephone number, and email address and Rule 1(f) (48
CFR 6101.1(f)) for the Clerk's office hours.
0
29. Revise sections 6103.302 through 6103.304 to read as follows:
6103.302 Filing claims [Rule 302].
(a) Form. A claim must be in writing and signed by the claimant or
by the claimant's attorney or authorized representative. No particular
form is required. The request should describe the basis for the claim
and state the amount sought. The request should also include--
(1) The name, address, telephone number, and email address of the
claimant;
(2) The Government bill of lading or Government transportation
request number;
(3) The claimant's bill number;
(4) The Government voucher number and date of payment;
(5) The Audit Division claim number;
(6) The agency for which the services were provided and, if known,
the name, address, telephone number, and email address of the agency's
contact person; and
(7) Any other identifying information.
(b) When claim is considered filed. A claim is filed when it is
received by the Clerk of the Board.
(c) Notice of docketing. The Clerk of the Board shall docket the
claim and promptly provide a written notice of docketing to the
claimant, the Director of the Audit Division, and the agency for which
the services were provided. The notice of docketing will identify the
judge to whom the claim has been assigned.
(d) Service of copy. The claimant shall provide the Audit Division
and the agency identified in paragraph (a)(6) of this section copies of
all material provided to the Board. The claimant shall indicate that
copies have been provided to the Audit Division and the agency.
6103.303 Responses to claims [Rule 303].
(a) Content of responses. Within 30 calendar days, the Audit
Division and the agency for which the services were provided shall each
submit to the Board:
(1) A simple, concise, and direct statement of its response to the
claim;
(2) Citations to applicable statutes, regulations, and cases; and
(3) Any additional information deemed necessary to the Board's
review of the claim.
(b) Service of copy. Submissions to the Board shall indicate that a
copy has been provided to the claimant and to the Audit Division or the
agency, as appropriate. To expedite proceedings, if either the Audit
Division or the agency will not file a response (e.g., it believes its
reasons for denying the claim were sufficiently explained in the
material filed by the claimant), it should notify the Board, the
claimant, and the Audit Division or the agency, as appropriate, that it
does not intend to file a response.
6103.304 Reply to the audit division and agency responses [Rule 304].
A claimant may file a reply to the Audit Division and agency
responses within 30 calendar days after receiving the responses. The
claimant shall provide a copy of the response to the Audit Division and
the agency. To expedite proceedings, if the claimant does not wish to
respond, the claimant should so notify the Board, the Audit Division,
and the agency.
0
30. Revise sections 6103.306 and 6103.307 to read as follows:
6103.306 Decisions [Rule 306].
The judge will issue a written decision based upon the record,
which includes submissions by the claimant, the Audit Division, and the
agency, and information provided during conferences. The Board will
provide the claimant, the Audit Division, and the agency a copy of the
decision. In addition, all Board decisions are posted weekly on the
Board's website.
6103.307 Reconsideration of Board decision [Rule 307].
The claimant, the Audit Division, or the agency may request
reconsideration. A request must be received by the Board within 30
calendar days after the date the decision was issued. The request
should state the reasons why the Board should consider the request.
Mere disagreement with a decision or re-argument of points already made
is not a sufficient ground for reconsideration.
0
31. Add section 6103.309 to read as follows:
6103.309 Effective date [Rule 309].
The effective date of these rules is identified in 48 CFR
6100.1(b).
PART 6104--TRAVEL AND RELOCATION EXPENSES CASES
0
32. The authority citation for part 6104 is revised to read as follows:
Authority: Secs. 202(n), 204, Pub. L. 104-316, 110 Stat. 3826,
3842-44; Sec. 211, Pub. L. 104-53, 109 Stat. 535; 31 U.S.C. 3702; 41
U.S.C. 7101-7109.
0
33. Amend section 6104.401 by:
0
a. Removing from paragraph (b) introductory text ``These procedures are
applicable to'' and adding ``These procedures apply to'' in its place;
and
0
b. Adding paragraphs (d) and (e).
The additions read as follows:
6104.401 Scope [Rule 401].
* * * * *
(d) Filing method and computation of time. Unless otherwise
authorized by the Clerk, parties shall efile all submissions in
accordance with Rule 1(b) (``efile; efiling'') (48 CFR 6101.1(b)). Time
periods are computed in accordance with Rule 3(a) (48 CFR 6101.3(a)).
See Rule 1(b) (``business days'') (48 CFR 6101.1(b)). Efilings received
by 11:59:59 p.m. (Eastern Time) are same-day filings. Efilings received
at or after midnight (12:00 a.m. Eastern Time) are next-business day
filings.
(e) Location and hours. See Rule 1(e) (48 CFR 6101.1(e)) for the
Board's location, telephone number, and email address and Rule 1(f) (48
CFR 6101.1(f)) for the Clerk's office hours.
0
34. Revise sections 6104.402 through 6104.404 to read as follows:
6104.402 Filing claims [Rule 402].
(a) Filing claims. A claim may be sent to the Board in either of
the following ways:
(1) Claim filed by claimant. A claim shall be in writing and must
be signed by the claimant or by the claimant's attorney or authorized
representative. No particular form is required. The request should
describe the basis for the claim and state the amount sought. The
request should also include--
(i) The name, address, telephone number, and email address of the
claimant;
(ii) The name, address, telephone number, and email address of the
agency employee who denied the claim;
(iii) A copy of the denial of the claim; and
(iv) Any other information which the claimant believes the Board
should consider.
(2) Claim forwarded by agency on behalf of claimant. If an agency
has denied a claim for travel or relocation expenses, it may, at the
claimant's request, forward the claim to the Board.
[[Page 3795]]
The agency shall include the information required by paragraph (a)(1)
of this section and by Rule 403 (48 CFR 6104.403).
(3) Where claims are filed. Claims should be filed with the Clerk
of the Board. See Rule 401(d) (48 CFR 6104.401(d)) for filing methods
and requirements.
(b) Notice of docketing. The Clerk of the Board shall docket the
request for review and promptly provide a written notice of docketing
to the claimant and the agency. The notice of docketing will identify
the judge to whom the claim has been assigned.
(c) Service of copy. The claimant shall provide the agency employee
identified in paragraph (a)(1)(ii) of this section, or the individual
otherwise identified by the agency to handle the claim, copies of all
material provided to the Board. If an agency forwards a claim to the
Board, it shall, at the same time, provide the claimant a copy of all
material sent to the Board.
6104.403 Response to claim [Rule 403].
(a) Content of response. When a claim has been filed with the Board
by a claimant, within 30 calendar days after docketing by the Board,
the agency shall submit to the Board:
(1) A simple, concise, and direct statement of its response to the
claim;
(2) Citations to applicable statutes, regulations, and cases; and
(3) Any additional information the agency considers necessary to
the Board's review of the claim.
(b) Service of copy. The agency shall provide claimant a copy of
these submissions. To expedite proceedings, if the agency believes its
reasons for denying the claim were sufficiently explained in the
material filed by the claimant, it should notify the Board and the
claimant that it does not intend to file a response.
6104.404 Reply to agency response [Rule 404].
A claimant may file a reply to the agency response within 30
calendar days after receiving the response. If the claim has been
forwarded by the agency, the claimant shall have 30 calendar days from
the time the claim is docketed by the Board to reply. To expedite
proceedings, if the claimant does not wish to reply, the claimant
should so notify the Board and the agency.
0
35. Revise sections 6104.406 and 6104.407 to read as follows:
6104.406 Decisions [Rule 406].
The judge will issue a written decision based upon the record,
which includes submissions by the claimant and the agency, and
information provided during conferences. The Board will provide the
claimant and the agency a copy of the decision. In addition, all Board
decisions are posted weekly on the Board's website. Published decisions
will identify only first names of claimants and the first initial of
their surnames.
6104.407 Reconsideration of Board decision [Rule 407].
The claimant or the agency may request reconsideration. A request
must be received by the Board within 30 calendar days after the date
the decision was issued. The request should state the reasons why the
Board should consider the request. Mere disagreement with a decision or
re-argument of points already made is not a sufficient ground for
reconsideration.
0
36. Add section 6104.409 to read as follows:
6104.409 Effective date [Rule 409].
The effective date of these rules is identified in 48 CFR
6100.1(b).
PART 6105--DECISIONS AUTHORIZED UNDER 31 U.S.C. 3529
0
37. The authority citation for part 6105 is revised to read as follows:
Authority: 31 U.S.C. 3529; 31 U.S.C. 3702; 41 U.S.C. 7101-7109;
Secs. 202(n), 204, Pub. L. 104-316, 110 Stat. 3826, 3842-44; Sec.
211, Pub. L. 104-53, 109 Stat. 535.
0
38. Revise sections 6105.501 through 6105.503 to read as follows:
6105.501 Scope [Rule 501].
These procedures govern the Board's issuance of decisions, upon the
request of an agency disbursing or certifying official, or agency head,
on questions involving payment of travel or relocation expenses; these
decisions were formerly issued by the Comptroller General under 31
U.S.C. 3529. Section 204 of the General Accounting Office Act of 1996,
Public Law 104-316, transfers the authority to issue these decisions to
the Director of the Office of Management and Budget and authorizes the
Director to delegate the authority to perform this function to another
agency or agencies. The Director has delegated the authority to issue
these decisions to the Administrator of General Services, who has
redelegated that function to the Civilian Board of Contract Appeals.
6105.502 Request for decision [Rule 502].
(a) Request for decision. (1) A disbursing or certifying official
of an agency, or the head of an agency, may request from the Board a
decision (referred to as a ``Section 3529 decision'') on a question
involving a payment the disbursing official or head of agency will
make, or a voucher presented to a certifying official for
certification, which concerns the following type of claim made against
the United States by a federal civilian employee:
(i) A claim for reimbursement of expenses incurred while on
official temporary duty travel; and
(ii) A claim for reimbursement of expenses incurred in connection
with relocation to a new duty station.
(2) A request for a Section 3529 decision must be in writing and
refer to a specific payment or voucher, though no particular form is
required. The request may not seek general legal advice and should--
(i) Explain why the official is seeking a Section 3529 decision,
rather than taking action on his or her own regarding the matter;
(ii) State the question presented and include citations to
applicable statutes, regulations, and cases;
(iii) Include--
(A) The name, address, telephone number, and email address of the
official making the request;
(B) The name, address, telephone number, and email address of the
employee affected by the specific payment or voucher; and
(C) Any other information the official believes the Board should
consider.
(iv) Unless otherwise authorized by the Clerk, parties shall efile
all submissions in accordance with Rule 1(b) (``efile; efiling'') (48
CFR 6101.1(b)). Time periods are computed in accordance with Rule 3(a)
(48 CFR 6101.3(a)). Efilings received by 11:59:59 p.m. (Eastern Time)
are same-day filings. Efilings received at or after midnight (12:00
a.m. Eastern Time) are next-business day filings. See Rule 1(b)
(``business days'') (48 CFR 6101.1(b)); Rule 1(e) (``Location and
addresses'') (48 CFR 6101.1(e)); and Rule 1(f) (``Clerk's office'') (48
CFR 6101.1(f)).
(b) Notice of docketing. The Clerk of the Board will docket the
request for a Section 3529 decision and promptly provide a written
notice of docketing to the official and the affected employee. The
notice of docketing will identify the judge to whom the request has
been assigned. --
(c) Service of copy. The official submitting a request for a
Section 3529 decision shall provide the affected employee copies of all
material provided to the Board. All submissions to the Board shall
indicate that a copy has been provided to the affected employee and the
method of service.
[[Page 3796]]
6105.503 Additional submissions [Rule 503].
If the affected employee wishes to submit any additional
information to the Board, he or she must submit such information within
30 calendar days after receiving the copy of the request for decision
and supporting material. See Rule 502(a)(2)(iv) (48 CFR
6105.502(a)(2)(iv)) for filing requirements. To expedite proceedings,
if the employee does not wish to make an additional submission, the
employee should so notify the Board and the agency.
0
39. Revise sections 6105.505 and 6105.506 to read as follows:
6105.505 Decisions [Rule 505].
The judge will issue a written decision based upon the record,
which includes submissions by the agency and the affected employee, and
information provided during conferences. The Board will provide a copy
of the decision to the agency and affected employee. In addition, all
Board decisions are posted weekly on the Board's website. Published
decisions will identify only first names of claimants and the first
initial of their surnames.
6105.506 Reconsideration of Board decision [Rule 506].
The agency or the affected employee may request reconsideration. A
request must be received by the Board within 30 calendar days after the
date the decision was issued. The request should state the reasons why
the Board should consider the request. Mere disagreement with a
decision or re-argument of points already made is not a sufficient
ground for reconsideration.
0
40. Add section 6105.507 to read as follows:
6105.507 Effective date [Rule 507].
The effective date of these rules is identified in 48 CFR
6100.1(b).
PART 6106--ARBITRATION OF PUBLIC ASSISTANCE ELIGIBILITY OR
REPAYMENT
0
41. Revise the heading for part 6106 to read as set forth above.
0
42. The authority citation for part 6106 continues to read as follows:
Authority: 42 U.S.C. 5189a(d).
0
43. Revise sections 6106.602 through 6106.604 to read as follows:
6106.602 Authority [Rule 602].
The Board is authorized by section 423 of the Robert T. Stafford
Disaster Relief and Emergency Assistance Act (Stafford Act), 42 U.S.C.
5189a(d), to arbitrate disputes between applicants and FEMA as to
eligibility for public assistance (or repayment of past public
assistance). Minimum dispute amounts are set forth in 42 U.S.C.
5189a(d).
6106.603 Purpose [Rule 603].
Under the Stafford Act, the Board acts for the United States
Government to resolve public assistance eligibility and repayment
disputes by arbitration, a speedy and flexible method of impartial
dispute resolution. An arbitration decision under these rules is the
final action by the Executive Branch in a dispute. These rules
facilitate the creation of an arbitration record sufficient to allow
the Board to issue a prompt, just, and reasoned decision. Time periods
are computed in accordance with Rule 3(a) (48 CFR 6101.3(a)).
6106.604 Arbitration request [Rule 604].
(a) Requesting arbitration. An applicant for public assistance may
request arbitration by following applicable FEMA guidance implementing
section 423 of the Stafford Act. Upon the Board's receipt of an
arbitration request, the Clerk issues a notice of docketing to all
parties.
(b) Definitions. The following terms in Board Rule 1(b) (48 CFR
6101.1(b)) apply to arbitrations under this part: ``Board judge;
judge,'' ``business days,'' ``Clerk of the Board,'' ``efile; efiling,''
``electronic storage medium,'' ``Electronic Docketing System (EDS),''
``file; filing,'' ``receipt,'' ``secure file transfer method,'' and
``upload.'' See Rule 604(d) (paragraph (d) of this section) for
authorized filing methods.
(c) Contacting the Board. For the Board's location, telephone
number, email address, and the Clerk's office hours, see Rules 1(e)-(f)
(48 CFR 6101.1(e)-(f)).
(d) Electronic filing. Applicants shall file arbitration requests
with the Board in EDS unless the Clerk has granted permission to efile
the request. Voluminous attachments to the arbitration request may be
efiled, transferred via a secure file transfer method, or submitted on
electronic storage medium and must be filed under one of these methods
if the size, format, and other requirements for submission in EDS
cannot be met. EDS generates electronic receipts for arbitration
requests.
0
44. Revise section 6106.605 to read as follows:
6106.605 Filings; exhibits; parties; representation; service [Rule
605].
(a) Filing methods. Parties shall file all documents in EDS unless
the Clerk has granted permission to efile the documents. See Rule
604(d) (48 CFR 6106.604(d)) when filing voluminous attachments.
(b) Exhibits. When filing exhibits, the Board prefers that parties:
(1) Provide an exhibit index;
(2) Consecutively number exhibits;
(3) Place the exhibit number at the beginning of each exhibit's
file name;
(4) Identify the exhibit name and number on the first page of each
exhibit;
(5) Submit each exhibit as a separate document with no subfolders
or embedded documents; and
(6) Number the pages of each exhibit consecutively, unless the
exhibit is already paginated in another logical manner. Exhibits shall
be in .pdf format. The Board prefers that documents are enabled to
allow word searches through text recognition. Parties shall cite to
exhibits in their filings, including in the arbitration request and
FEMA's response.
(c) Parties and representatives. The parties to an arbitration are
the applicant, the grantee (if not the applicant), and FEMA. Each party
shall have one primary representative. This person need not be an
attorney but must be authorized by law, formal delegation, or
permission of the arbitrators to speak and act for the party in the
arbitration. Unless otherwise advised, the Board deems the person who
signed the arbitration request to be the applicant's primary
representative. Any other primary representative or other party
representative shall promptly file a notice of appearance complying
with Rule 5(b) (48 CFR 6101.5(b)).
(d) Service and certification. Service of documents to other
parties shall be by the same method as used for the filing or by a
faster method. EDS automatically serves documents on parties with
active EDS accounts to whom the Clerk has granted matter-specific
access. For any documents, including exhibits, not filed in EDS, the
parties shall serve such documents. Parties shall certify to the Board:
(1) The method of filing; and
(2) The recipient's physical or email address when filing outside
of EDS. The Board may consider a document not served or properly filed
if served in a manner inconsistent with this rule.
6106.607 [Amended]
0
45. Amend section 6106.607 by removing ``summary to efile'' and adding
``summary to file'' in its place.
0
46. Revise sections 6106.608 through 6106.610 to read as follows:
[[Page 3797]]
6106.608 Evidence; timing [Rule 608].
No party is required to provide additional evidence. An applicant
or grantee may, but need not, supplement materials it previously
provided to FEMA regarding the dispute. A party may elect to present
additional evidence, i.e., documents, things, or testimony tending to
make a factual contention appear more or less likely to be true. Any
briefs or other documents prepared for the arbitration, including
recordings and transcriptions thereof, are confidential. If a party so
elects, the panel will to the extent practicable allow a response. FEMA
shall file its response to an arbitration request within 30 calendar
days after receiving the docketing notice. A panel may not exclude as
untimely evidence proffered before arbitration closes under Rule 613. A
panel may consider the timing or surprise nature of evidence when
assessing the significance, credibility, or probative value of the
evidence.
6106.609 Other materials considered; ex parte communications [Rule
609].
Written or oral arguments or statements of experts as to how a
panel should understand evidence or apply the law are not evidence but
may be presented as scheduled by the panel and may be subject to page,
word, or time limits. By the close of arbitration under Rule 613 (48
CFR 6106.613), parties should provide the panel with everything it
needs to make a decision. Documents written by a party for the panel
shall comply with the rules in this part and with Rule 23 (48 CFR
6101.23). No member of a panel or of the Board's staff will communicate
with a party about any material issue in arbitration outside of the
presence of the other party or parties, and no one shall attempt such
communications on behalf of a party.
6106.610 Motions [Rule 610].
Motions are strictly limited and should ordinarily be made orally
during the initial conference under Rule 607. A later motion may be
filed. A party may make a procedural motion, such as to extend time. An
applicant may move for voluntary dismissal. No party may move for:
(a) A prehearing merits decision (e.g., summary judgment or
dismissal for failure to state a claim); or
(b) An involuntary prehearing dismissal other than on the merits,
except on the grounds that an arbitration request is untimely. A panel
ordinarily issues one decision per arbitration.
0
47. Revise section 6106.611 to read as follows:
6106.611 Hearing: in person, virtual, hybrid, and/or on the written
record [Rule 611].
Parties may conclude an arbitration by presenting their positions
in a hearing. A hearing may be:
(a) In person;
(b) Virtual;
(c) Hybrid (in person and virtual);
(d) If agreed by all parties, on the written record; or
(e) A combination of a hearing on the written record and another
hearing type. The panel will begin a hearing within 60 calendar days
after the initial conference under Rule 607 unless the Board Chair
approves a later date. Unless agreed by the parties and the panel, all
panel members will attend an in-person, virtual, or hybrid hearing
sited in Washington, DC A single panel member may conduct an in-person
or hybrid hearing sited outside Washington, DC Hearing procedures are
at the panel's discretion with the goal of promptly, justly, and
finally resolving the dispute, and need not involve traditional witness
examination or cross-examination. Parties should not offer fact
witnesses to read legal materials or to make legal arguments.
Statements of fact in a hearing need not be sworn but are made subject
to penalty for violation of 18 U.S.C. 1001. Hearings are confidential
and not public and may not be recorded by any means without the Board's
permission. The Board may have a hearing transcribed for the panel's
use. If a transcript is made, a party may purchase a copy from the
court reporter or transcription service and has 7 calendar days after a
copy is available to file proposed corrections.
6106.612 [Amended]
0
48. Amend section 6106.612 in paragraph (c) by removing ``live hearings
by efiling'' and adding ``in person, virtual, or hybrid hearings by
filing'' in its place.
0
49. Add section 6106.614 to read as follows:
6106.614 Effective date [Rule 614].
The effective date of these rules is identified in 48 CFR
6100.1(b).
[FR Doc. 2026-01709 Filed 1-27-26; 8:45 am]
BILLING CODE 6820-AL-P
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</html>Indexed from Federal Register on January 28, 2026.
This is legal information, not legal advice. Laws vary by jurisdiction and change frequently. Always verify current law with official sources and consult a licensed attorney in your jurisdiction for advice on your specific situation.