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Process to Request Arbitration

Effective August 31, 2009, certain applicants for federal Public Assistance funding resulting from damages incurred from hurricanes Katrina and Rita may participate in a new arbitration process pursuant to the American Recovery and Reinvestment Act of 2009, P.L. 111-5.  The new arbitration system is designed to further recovery efforts by providing final adjudication of particular disputes involving projects in excess of $500,000 by an independent, neutral panel of arbitrators.  

For specific information on eligibility for this process, including filing deadlines, please see 44 CFR § 206.209 (PDF 47KB) and Frequently Asked Questions.  The Civilian Board of Contract Appeals (CBCA) will be providing the arbitration services through three judge panels.

When seeking arbitration, the Public Assistance applicant must simultaneously file a written request with the CBCA, FEMA, and the State.  See 44 CFR § 206.209(e)(2).  The State may choose to file a recommendation in support of, or in opposition to, the applicant’s request for arbitration.  Such recommendation must be filed simultaneously with the CBCA, FEMA, and the applicant.  See 44 CFR § 206.209(e)(3). FEMA must simultaneously file its written response to the applicant’s request for arbitration with the CBCA, the applicant, and the State. See 44 CFR § 206.209(e)(4).  The parties must submit filings by either courier or overnight delivery service (such as Federal Express, DHL, United Parcel Service, or the United States Postal Service overnight delivery).  See 44 CFR § 206.209(e)(5).  All overnight deliveries, except by the United States Postal Service (USPS), should be addressed to CBCA’s street address.  USPS overnight deliveries must be addressed to the CBCA mailing address. The CBCA requires that each party submit three (3) copies of all filings to the CBCA, and one (1) copy each to the other parties.

Civilian Board of Contract Appeals

 

Where to Submit:
Civilian Board of Contract Appeals (CBCA)
1800 F ST., NW, Washington, 20405

Sixth Floor, 1800 M St. NW
Washington, DC 20036

If from Louisiana, please also send your request to:

If from Texas, please also send your request to:

If from Mississippi, please also send your request to:

If from Alabama, please also send your request to:

If you have any administrative questions regarding the CBCA's process, you may contact the Clerk of the Board at: Phone (202) 606-8800; and Fax (202) 606-0019. See also the CBCA’s webpage at www.cbca.gsa.gov.

Arbitration Request Documents

Applicant: State of Louisiana Facility Planning and Control
Docket #: CBCA-1741-FEMA

Applicant: Moss Point School District
Docket #: CBCA-1800-FEMA

Applicant: Sewerage and Water Board of New Orleans
Docket # : CBCA-1760-FEMA

Applicant: Sewerage and Water Board of New Orleans
Docket # : CBCA-1761-FEMA

Applicant: State of Louisiana Facility, Planning, and Control Repair/Replacement Charity Hospital
Docket #: CBCA-1768-FEMA

Applicant: Mississippi State Port Authority
Docket #: CBCA-1757-FEMA

Applicant: Forrest County Board of Supervisors
Docket#: CBCA-1772-FEMA

Applicant: University of Southern Mississippi
Docket # : CBCA-1781-FEMA

Applicant: City of Westwego
Docket #: CBCA-1783-FEMA

Applicant: West Cameron Port Commission
Docket # : CBCA-1775-FEMA

Applicant: St. Bernard Parish Sheriff's Department
Docket #: CBCA-1776-FEMA

Applicant: Sabine Pass Port Authority
Docket # : CBCA-1787-FEMA

Applicant: Jefferson Parish
Docket #: CBCA-1780-FEMA

Applicant: Sewerage and Water Board of New Orleans
Docket #: CBCA-1759-FEMA

Applicant: Bay St. Louis - Waveland School District
Docket #: CBCA-1739-FEMA

Applicant: St. Tammany Parish
Docket #: CBCA-1778-FEMA

Applicant: Sewerage and Water Board of New Orleans
Docket #: CBCA-1758-FEMA

If you need an accessible version of any of these documents, please contact Tod Wells at tod.wells@dhs.gov.

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Last Modified: Friday, 29-Jan-2010 10:50:04 EST