The Civilian Board of Contract Appeals Issues New Rules of Procedure for Its Adjudicatory Role in the Administrative False Claims Act

Summary

The episode explains the Civilian Board of Contract Appeals' (CBCA) new procedural rules for handling cases under the Administrative False Claims Act (AFCA), which replaces the old PFCRA. It outlines how the AFCA differs from the False Claims Act, notably its lower dollar threshold (now up to $1 million), lack of qui tam provisions, and administrative rather than judicial resolution. The CBCA’s rules mirror its Contract Disputes Act processes, requiring notice, a 30‑day election window, and allowing non‑attorney representatives, with decisions binding but non‑precedential. Contractors are warned that the revitalized AFCA will likely increase agency‑level scrutiny and financial incentives for pursuing low‑value fraud claims.