1. (a) Filing an appeal. A notice of appeal shall be:

   1. (1) In writing;
   2. (2) Signed by the appellant, the appellant's attorney, or an authorized representative (see Rule 5 (48 CFR 6101.5)); and

   3. (3) 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. (i) The name, telephone number, and mailing and email addresses of the appellant and/or its attorney or authorized representative;
      2. (ii) The contract number;
      3. (iii) The name, telephone number, and mailing and email addresses of the contracting officer who received or issued the claim;
      4. (iv) A copy of the claim with any certification; and
      5. (v) 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”).

2. (b) Filing a petition. A petition shall be:

   1. (1) In writing;
   2. (2) Signed by the petitioner, the petitioner's attorney, or an authorized representative (see Rule 5 (48 CFR 6101.5)); and

   3. (3) 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. (i) The name, telephone number, and mailing and email addresses of the petitioner and/or its attorney or authorized representative;
      2. (ii) The contract number;
      3. (iii) The name of the contracting officer who received the claim, with that person's telephone number, mailing address, and email address; and
      4. (iv) A copy of the claim with any certification.
3. (c) Filing an EAJA application. See Rule 30 (48 CFR 6101.30).

4. (d) Time limits.

   1. (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. (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. (3) Under the CDA, a petition may be filed in the period between—

      1. (i) Receipt of notice from a contracting officer, within 60 days after the submission of a claim, that the contracting officer intends to issue a decision on the claim more than 60 days after its submission, and
      2. (ii) The due date stated by the contracting officer.
   4. (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.
5. (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.
6. (f) Consolidation. The Board may consolidate cases wholly or in part if they involve common questions of law or fact.

[83 FR 41010, Aug. 17, 2018, as amended at 91 FR 3790, Jan. 28, 2026]