When a contracting officer issues a final decision that goes against you — denying a claim, assessing money owed, or rejecting a request for equitable adjustment — the clock starts immediately, and the forum you pick is largely irreversible. The Contract Disputes Act gives contractors two mutually exclusive paths to challenge that decision, each with its own deadline and its own trade-offs. FAR Part 33 lays out the mechanics, and missing a date here can extinguish an otherwise winnable case. This guide walks through how a dispute reaches a final decision and what you must do next to preserve your appeal rights.
Background
A dispute under the Contract Disputes Act does not begin with a lawsuit. It begins with a claim: a written demand submitted to the contracting officer seeking, as a matter of right, payment of money, adjustment of contract terms, or other relief. Under FAR 33.206(a), a contractor must submit that claim "within 6 years after accrual of a claim." A claim is not the same as a routine voucher or an informal complaint; it is a formal request for a decision. The six-year window runs from accrual, meaning the date all events fixing liability were known or should have been known — not the date you decide to press the issue, so do not assume a stale grievance is still live.
Dollar thresholds change what the claim must contain. Any claim exceeding $100,000 requires the certification set out in FAR 33.207(a). The contractor must certify that the claim is made in good faith, that supporting data are accurate and complete to the best of the contractor's knowledge and belief, that the amount requested accurately reflects the adjustment the contractor believes the government owes, and that the person signing is duly authorized to certify on the contractor's behalf. A defective certification can be corrected, but a missing certification on a claim above the threshold means the contracting officer has no obligation to issue a decision at all.
Once a proper claim is in hand, the contracting officer issues a written final decision under FAR 33.211(a). That decision must describe the claim, reference the pertinent contract terms, state the areas of factual agreement and disagreement, and set out the contracting officer's reasoning and conclusion. Critically, the decision must also notify the contractor of its appeal rights. That notice is what starts the deadlines that follow.
Key Details
The final decision opens two doors, and you may walk through only one. The first leads to an agency board of contract appeals. Under FAR 33.211(a)(4)(v) and 41 U.S.C. 7104, a contractor may appeal to the board "within 90 days from the date you receive this decision." The second door leads to the United States Court of Federal Claims, where the same statute allows a contractor to "file any action" as a direct suit "within 12 months from the date you receive this decision."
The difference in deadlines is stark — 90 days versus 12 months — and the choice of forum carries other consequences. Boards are staffed by administrative judges who specialize in government contracts, tend to move faster, and generally cost less to litigate before. The Court of Federal Claims is an Article I court where litigation follows more formal rules of procedure and evidence. Neither forum requires you to exhaust the other first; they are parallel, not sequential, and electing one forecloses the other for that decision. Filing at the board is also inexpensive up front: there is no filing fee, and the notice of appeal itself can be a short letter, whereas a Court of Federal Claims complaint must satisfy the court's pleading rules from the outset.
Two boards handle the bulk of federal work. The Civilian Board of Contract Appeals is an independent tribunal housed within the General Services Administration that hears Contract Disputes Act appeals and other disputes involving federal civilian executive-branch agencies. The Armed Services Board of Contract Appeals hears disputes arising from the Department of Defense, the Army, the Navy, the Air Force, and NASA. Which board you land in depends on the agency that issued the contract, not on your choice.
The boards also offer streamlined tracks for smaller disputes, which the Court of Federal Claims does not. A small-claims procedure is available for appeals of $50,000 or less — or $150,000 or less for small businesses — and produces a faster, simplified process. An accelerated procedure applies to appeals of $100,000 or less. Electing one of these tracks can compress months of litigation, but the trade-off is a more limited right to appeal the board's ruling further.
What It Means for Contractors
Treat the date of receipt as the single most important fact in your file. Both deadlines run from when you receive the final decision, so log the delivery, keep the envelope or transmittal, and calendar both the 90-day and 12-month dates the moment the decision arrives. If you are undecided on forum, the 90-day board deadline is the one that will bite first, and letting it lapse does not cost you the court option — but letting the 12-month court deadline lapse costs you everything.
Choose the forum deliberately rather than by default. For a modest, well-documented dispute against a civilian or defense agency, a board's small-claims or accelerated procedure can resolve the matter quickly and cheaply. For a large, complex claim where you want formal discovery and a full evidentiary record, the Court of Federal Claims may serve you better despite the higher cost. Match the forum to the size and nature of the dispute before the shorter clock forces your hand. Keep in mind that the government can counterclaim in either forum, so a decision to litigate a modest claim can expose you to a larger government demand.
Get the front end right so the back end is available. Submit the claim in writing within the six-year window, and if it exceeds $100,000, include a clean certification — a defective one is fixable, but a genuinely absent one gives the contracting officer grounds to decline a decision, and without a decision there is nothing to appeal. Finally, do not confuse a settlement discussion or an informal denial with a final decision; only a written decision that states your appeal rights starts the clock and unlocks either door.
