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Boards Contract Appeals

Despite the efforts of our consulting group and our clients, we try to avoid litigation, but sometimes it is inevitable.

The law firm of Malyszek & Malyszek, specialists in Government Contract law, has been litigating with the Board of Contract Appeals office for over 40 years. The extent of our litigation experience is unparalleled and positions us to deal effectively with all types of Board of Contract Appeals claims regardless of size or complexity. It takes experience and preparation to win claims against the Federal government and that’s where Malyszek & Malyszek outrivals other law firms. Our broad litigation experience covers claims ranging from thousands of dollars to millions in successful resolution of routine contract administration claims on behalf of our clients.

The Board of Contract Appeals was established on the first of March 1979 pursuant to the Contract Disputes Act of 1978. The Board of Contract Appeals is a statutory court of law that hears and decides appeals from decisions of contracting officers on claims relating to United States Federal Government contracts awarded by the VA (Veterans Administration) or any other Government agency. In 1985 the board's jurisdiction expanded to include applications for attorney fees and expenses under the Equal Access to Justice Act or (EAJA). Board of Contract decisions are final within the VA but may be appealed either by the government or by the service contractor or provider, to the U.S. Court of Appeals for the Federal Circuit.

The Civilian Board of Contract Appeals (CBCA) is an independent court of law housed within the General Services Administration (GSA). The CBCA manages various disputes involving the Federal executive branch agencies. Its main responsibility is to resolve a contract dispute between the agencies and the government contractors under the Contract Disputes Act. The CBCA encourages the use of alternative dispute resolution (ADR) in cases that see fit.

Claims by contractors against the Federal Government must be submitted in writing to the Government's Contracting Officer for a decision; claims by the Federal Government against a contractor must be decided by the Contracting Officer. Claims by either the Federal Government or the contractor must be submitted within six years after the claim’s progression, (apart from claims by the Federal Government alleging fraud.) Claims by contractors for more than $100,000 must be accompanied by a certification that the claim has been made in good faith and the supporting data is accurate and complete to the best of the contractor's knowledge and belief. The requested claim amount represents some type of contract adjustment that the contractor believes the Federal Government is liable for. The certifier must be authorized to submit the certification on behalf of the contractor.

There are many procedures in the statute used for remedying certifications. For claims of $100,000 or less, the Contracting Officer must issue a decision within 60 days of receipt of the claim considering the contractor requests a decision to be made within that time period. For claims more than $100,000, the Contracting Officer must issue a decision within 60 days or notify the contractor when a decision will be made. All of the decisions should be issued within a reasonable amount of time taking into account all claim conditions. If they’re not, the contractor could request a hearing to direct the Contracting Officer to issue the decision within a specific time or treat the failure to make a decision as an appealable "deemed" denial of the specific claim. If the contractor is displeased with the Contracting Officer's decision made on the claim then the contractor may either appeal the decision to the board of contractor appeals within 90 days of receipt of the decision or potentially bring suit on the claim in the United States Court of Federal Claims within 12 months. Decisions that are not appealed within one of the said time periods then become finalized and concluded.

In both judicial and arbitration proceedings the legal team at Malyszek & Malyszek will help resolve disputes arising out of Government contracts. For over 40-years, Malyszek & Malyszek has been representing clients in disputing claims against the US federal government in Federal and state courts, litigating issues related to all types of government contracts.

During the Litigation process Malyszek & Malyszek takes every opportunity when appropriate to attempt settlement discussions with opposing counsel. We create these opportunities by establishing to opposing counsel that settlement is in their best interest.

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