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OPM RIN: 3206-AL35 Publication ID: Fall 2008 
Title: Federal Employees Health Benefits Acquisition Regulation: Board of Contract Appeals 
Abstract: The Contract Disputes Act (41 U.S.C. section 601-613) (CDA) allows Federal government contractors, including carriers participating in the Federal Employees Health Benefits (FEHB) Program, to appeal official decisions made by a contracting officer to an agency board of contract appeals. Prior to the enactment of the National Defense Authorization Act of 2006 (NDAA), the CDA authorized each agency to create their own board or, in the alternative, to designate another agency’s board for this purpose. Previously, the Armed Services Board of Contract Appeals (ASBCA) served as the agency board of contract appeals for appeals between FEHB carriers and the Office of Personnel Management (OPM). The NDAA of 2006, in addition to eliminating agency board designation authority, dismantled most existing agency boards, creating as a replacement the Civilian Board of Contract Appeals (CBCA) with authority extending to most civilian agencies, including OPM. Accordingly, the CBCA has now replaced the ASBCA as the venue for claims brought under the Act for the FEHB Program. OPM is updating the FEHBAR to reflect this change in the law. 
Agency: Office of Personnel Management(OPM)  Priority: Other Significant 
RIN Status: Previously published in the Unified Agenda Agenda Stage of Rulemaking: Completed Actions 
Major: No  Unfunded Mandates: No 
CFR Citation: 48 CFR 1633   
Legal Authority: 41 USC 601 to 613   
Legal Deadline:  None
Timetable:
Action Date FR Cite
NPRM  04/07/2008  73 FR 18729   
NPRM Effective Date  05/07/2008    
Final Action  10/08/2008  73 FR 58886   
Regulatory Flexibility Analysis Required: No  Government Levels Affected: None 
Small Entities Affected: No  Federalism: No 
Included in the Regulatory Plan: No 
RIN Data Printed in the FR: No 
Agency Contact:
Marguerite Martel
Senior Policy Analyst
Office of Personnel Management
1900 E Street NW,
Washington, DC 20415
Phone:202 606-0004
TDD Phone:202 606-0633
Email: marguerite.martel@opm.gov