Government Contracts CBCA Updates Rules of Procedure
Wednesday, July 17, 2019

CBCA Updates Rules of Procedure

By Government Contracts Editorial Staff

The Civilian Board of Contract Appeals has amended its rules of procedure to include arbitration of disputes between applicants for public assistance grants and the Federal Emergency Management Agency. The final rule implements section 423 of the Robert T. Stafford Disaster Relief and Emergency Assistance Act (42 USC 5189a(d)), which authorized the board to arbitrate disputes between applicants and FEMA regarding eligibility for public assistance (or repayment of past public assistance) for a disaster post-dating January 1, 2016, when the disputed amount exceeds $500,000 or, for an applicant in a rural area, is at least $100,000. The new procedures, which will appear at CBCA Rules 601 through 613, provide for a hearing within 60 days of an initial conference and a decision within 60 days after a hearing. FEMA was the only party that submitted comments on the proposed rule (84 FR 7861), and in response to FEMA’s comments, the board clarified three of the new procedural rules. The final rule goes into effect July 22, 2019. For the text of the rule, see 84 FR 29085.

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