The mission of the DC Contract Appeals Board (CAB) 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.
Staffing and Budget
The Board is led by three Administrative Judges, including one Chief Administrative Judge and two Administrative Judges. CAB Judges are members of the D.C. Bar, the Supreme Court of the United States, the American Bar Association, and the Board of Contract Appeals Bar Association/Judicial Division. In addition to Board Judges, the CAB staff consists of one General Counsel, an I.T. Director, three Attorney Advisors, and three administrative support staff. The FY22 CAB appropriated budget is currently $1,897,176. The CAB budget supports 11 FTEs and the Board’s non-personnel expenses, including its digital litigation infrastructure.
Prior to the current COVID-19 public emergency, CAB partnered with area law schools to provide volunteer internship opportunities with Board Judges on an as needed basis. Since 2011, interns from Howard University School of Law, George Washington University School of Law, American University School of Law, the University of the District of Columbia School of Law, Catholic University School of Law, the Texas Southern University School of Law, and Western Michigan University Thomas M. Cooley Law School have served CAB. Due to the COVID-19 pandemic, however, the CAB law internship program currently is on hiatus. For more information about CAB’s internship program, please contact CAB’s Program Support Assistant, Uday Berry, at [email protected].
FY21 Performance and Pending Cases at the Beginning of FY22
In FY21, CAB closed 22 cases, including 7 appeals and 15 protests. In FY21, the Board closed 41% of all cases by settlement. Of the protests filed in FY21, 100% were resolved within the statutorily required 60 business days. Of the appeals closed on the Board’s docket in FY21, 100% were resolved within four months of the case being ready for final decision. As FY22 began, all of the Board’s pending cases were two-years old or less, with 100% of pending appeals cases being two-years old or less, and 100% of pending protest cases being less than 60 business days old. In FY21, 18 new protests and 16 new appeals cases were filed with the Board. The vast majority (91%) of newly filed FY21 cases were filed digitally through the Board’s secure online file and serve provider, FileandServeXpress. The parties filed over 36,000 pages of litigation materials with the Board in FY21.
In FY20 the Board published final rulemaking of its practice rules on February 21, 2020 (67 D.C. Reg. 1734). The revised rules harmonize the Board’s practice procedures with the District’s applicable procurement statutes, including, but not limited to, the Procurement Practices Reform Act of 2010, D.C. Code §§ 2-351.01 et seq. as amended. In the most recent CAB cases decided by the DC Courts (FY19), two CAB cases were affirmed on appeal: Rustler Construction, Inc. v. District of Columbia, 211 A.3d 187 (D.C. 2019), and Spectrum Mgmt. LLC v. District of Columbia Board of Contract Appeals, No. 2019 CA 001266 P (MPA) (D.C. Super. Ct. Sept. 11, 2019). No Board cases were reversed on appeal by DC Courts in FY20 or FY21.
The DC Contract Appeals Board online calendar was launched in March 2012 in partnership with the DC OCTO, and offers one of the most comprehensive online calendars of any Board or court in the region. The calendar is updated regularly and displays all currently scheduled trials. The Board anticipates resuming in-person trials in FY22 after the COVID-19 public emergency has been lifted in the District. All such trials/pretrials will be open to the public, except those that are subject to a protective order (as noted). Any trials scheduled prior to the end of the District’s COVID-19 public emergency will either be rescheduled or conducted virtually as appropriate with the consent of the parties.