For the 8th Consecutive Year, CAB Did Not Have Any Backlogged Cases at Any Time During FY22
In FY22, CAB closed 39 cases, including 13 appeals and 26 protests. Of the FY22 appeals that were closed, the Board resolved 100% of them within four months of the case being ready for final decision. As FY23 opened, the Board does not have any pending appeals case that is more than two-years old. Of the protests decided in FY22, 88% were closed within 60 business days of filing and the other 12% were decided within a week or two of the 60 business day deadline. As FY23 opened, all pending Board protest cases were less than 60 business days old. For the 8th consecutive year, the Board did not have any backlogged cases on its docket at any time during FY22. In addition to the above, 41% of Board cases closed in FY22 were resolved through settlement. Finally, parties with cases before the Board filed over 26,000 pages of litigation materials in FY22. To promote transparency, all such materials can be reviewed on the Board’s website (except those sealed by Board Order to protect confidential or proprietary information). Congratulations to our Judges and staff for an outstanding year.
In FY22, DC Courts Affirm CAB Decisions in Three Cases (No CAB Decisions Were Reversed)
In FY22, three Board cases were affirmed on appeal by the DC Courts. For the same reporting period, the DC Courts did not reverse ANY Board decisions. The DC Court decisions confirm the skill and expertise with which Board Judges decide cases and issue written decisions. The three cases 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); and BSRI 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).
In FY22, CAB Digitizes Its Final 339,000 Pages of Legacy Hard Copy Case Materials
In FY22, the Board digitized its final 339,000 pages of legacy case records. In addition to the 850,000 legacy case records digitized in FY21, the Board has now completed its multi-year effort to digitize all remaining 1.2 million pages of legacy case records. All case records were digitized in searchable format and will be uploaded to the Board’s website in FY23. The digitized records cover hundreds of CAB cases filed between 1953 and 1985. Completion of this objective will promote transparency by permitting the public to review the full extent of available CAB litigation records and contract case files on our website (except materials sealed by protective order).
Looking Ahead to FY23
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 FY23, the Board’s three Administrative Judges will continue to close cases knowledgeably and expeditiously. In particular, CAB Judges will work to prevent any pending case from going into backlog-status and will timely close all newly filed cases. The approved CAB FY23 budget in furtherance of the above mission is $1,984,453, which supports 11 FTE positions and the Board’s Non-Personnel Services expenditures.
In addition to the above docket goals, the Board will complete two key technology projects in FY23. First, the Board will upload the final 1.2 million pages of digitized case records to its website during FY23. All records will be uploaded in searchable format and allow the public to review CAB litigation materials online (except for those sealed pursuant to Board Order). Second, the Board will migrate its on-premises Document Management System to the Cloud in FY23. The current system serves as the Board’s central case repository system and manages the filing/service of all CAB litigation materials, and their subsequent population to the Board’s public website. Upon completion, the migration will allow the Board to keep current with security upgrades more efficiently and integrate with newer adjudication and document management applications.
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 FY23 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.