48 CFR §6101.2
Verified against eCFR.gov as of June 20, 2026View official text on eCFR.gov ↗
- (a)Filing an appeal. A notice of appeal shall be in writing; signed by the appellant, the appellant's attorney, or an authorized representative (see Rule 5 (48 CFR 6101.5)); and filed with the Board, with a copy to the contracting officer who received or issued the claim, or the successor contracting officer. A notice of appeal should include:
- (1)The name, telephone number, and mailing and email addresses of the appellant and/or its attorney or authorized representative;
- (2)The contract number;
- (3)The name of the contracting officer who received or issued the claim, with that person's telephone number, mailing address, and email address;
- (4)A copy of the claim with any certification; and
- (5)A copy of the contracting officer's decision on the claim or a statement that the appeal is from a failure to issue a decision (“a deemed denial”).
- (b)Filing a petition. A petition shall be in writing; signed by the petitioner, the petitioner's attorney, or an authorized representative (see Rule 5 (48 CFR 6101.5)); and filed with the Board, with a copy to the contracting officer who received the claim, or the successor contracting officer. A petition shall ask the Board to order the contracting officer to issue a decision and should include:
- (1)The name, telephone number, and mailing and email addresses of the petitioner and/or its attorney or authorized representative;
- (2)The contract number;
- (3)The name of the contracting officer who received the claim, with that person's telephone number, mailing address, and email address; and
- (4)A copy of the claim with any certification.
- (c)Filing an EAJA application. See Rule 30 (48 CFR 6101.30).
- (d)Time limits.
- (1)Under the CDA, a notice of appeal must be filed within 90 calendar days after the date of receipt of a contracting officer's decision on a claim.
- (2)Alternatively, under the CDA, a contractor may appeal when a contracting officer has not issued a decision on a claim within the time allowed by the CDA or the time set by a tribunal acting on a petition.
- (3)Under the CDA, a petition may be filed in the period between—
- (4)Under EAJA, an application must be filed within 30 days after the date that the decision in the underlying appeal becomes no longer subject to appeal.
- (e)Notice of docketing. Upon receipt of a notice of appeal, a petition, or an application, the Clerk issues a written notice of docketing to all parties.
- (f)Consolidation. The Board may consolidate cases wholly or in part if they involve common questions of law or fact.