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CAB Overview

CAB Judges Close FY23 With Another Year of Excellent Performance.

The DC Contract Appeals Board has not had a docket backlog in over nine years. As FY23 closed out on September 30, 2023, Board Judges closed out their 9th consecutive year without a case backlog on its protest or appeals dockets. In addition, the DC Courts have affirmed the Board in five consecutive cases dating back to 2019.1 We commend Judges Loud, Parchment, and Majett for their expertise and promptness closing Board cases. In FY23, the Board closed 19 total cases, including 4 appeals and 15 protests. A combination of closed and newly filed cases in FY23 resulted in over 26,000 pages of litigation records being filed with the Board. All closed FY23 appeals were resolved within four months of the case being ready for final decision. As FY24 opened on October 1, 2023, the Board did not have any pending appeals cases more than three-years old, and 75% of pending appeals cases are two-years old or less. All closed FY23 protests resolved by the Board were closed within 60 business days of filing (as required by D.C. Code § 2-360.08(d)). In addition, 53% of the FY23 closed cases were settled by the parties prior to a Board decision, saving parties the time and expense of protracted litigation. Board Judges commend our attorneys and staff for outstanding support rendered in FY23. 

In FY23, Digital and Cloud Technology Bring Next Level Transparency to Board Case Records

In FY23, the transparency of Board litigation records took a gigantic leap forward. In April 2023 the Board uploaded 40,831 newly digitized case records in searchable format for public access at www.cab.dc.gov. The newly uploaded records add approximately 1.2 million pages of case materials to the Board’s existing records database. These records may be searched on the Board’s website using keyword, date, case name or other search protocols. Website users can now search for Opinions in some of the Board’s oldest known cases (e.g., Capitol Engineering, January 17, 1958), as well as search tens of thousands of litigation records from the 1950s-2023. In addition, all records in newly filed FY24 cases will continue to be uploaded to the Board’s website within three business days of filing (excluding records sealed to protect confidential data pursuant to Board Orders). In addition to expanding our records database, the Board migrated the entire case search database to the cloud in July 2023. The new cloud-based servers will automatically update to newer versions, and seamlessly provide security patches and routine maintenance. In addition, the new cloud environment positions the Board to be future-ready for emerging technologies (e.g., Artificial Intelligence), as many vendors now only support cloud-based applications. The Board commends our General Counsel, IT Director and IT Specialist, OCTO and CAB staff for the successful upload of new records, and the migration of the case search database to the cloud.

FY24 Goals

The mission of the DC Contract Appeals Board is to provide an impartial, expeditious, inexpensive, and knowledgeable forum for hearing and resolving contractual disputes, protests, Quick Payment Act claims, Public-Private Partnership Act claims, and Debarments and Suspensions involving the District and its contracting communities. In FY24, the Board’s three Administrative Judges will continue to close cases knowledgeably and expeditiously. In particular, CAB Judges will continue to prevent the emergence of docket backlogs among existing cases, and timely resolve all newly filed cases. The approved CAB FY24 budget in furtherance of the above mission is $1,968,361, which supports 11 FTE positions and the Board’s Non-Personnel Services expenditures.

In addition to the above docket goals, the Board will continue to offer settlement and mediation opportunities to litigants upon request. Finally, the Board will continue to promote stellar production by our Team, build strong interpersonal staff relationships, and encourage work-life balance among the CAB Team.

Courtroom Calendar

The DC Contract Appeals Board online calendar was launched in March 2012 in partnership with the DC OCTO and offers a comprehensive online calendar of upcoming Board trials. The calendar is updated regularly and displays currently scheduled trials. The Board will conduct in-person and hybrid trials in FY24 as appropriate.

All such trials will be open to the public, except those that are subject to a protective order (as noted).

For further information regarding the above matters, please contact CAB General Counsel Mark D. Poindexter at [email protected]. The Board’s main office may be reached at (202) 727-6597.

1 The five consecutive cases affirmed by the DC Courts are D.C. v. D.C. Contract Appeals Board, 263 A.3d 480 (2022); Black Creek Integrated Systems Corp v. District Department of Corrections (D.C. Court of Appeals No. 19-AA- 757)(issued August 8, 2022); BRSI LP d/b/a Benefit Recovery v. D.C. Contract Appeals Board, (D.C. Super. Ct. CA No.2022 CA 000344 P (MPA)(issued August 30, 2022); Spectrum Management, LLC v. D.C. Contract Appeals Board, (D.C.Super. Ct. CA No. 2019 CA001266 P(MPA)(issued September 11, 2019) and Rustler Construction, Inc. v. District of Columbia, 211 A.3d 187 (D.C. 2019)(decided July 3, 2019).

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