CBCA Opens New Avenue for Small Enforcement Actions Under the AFCA
Haynes Boone – In a significant change, certain fraud claims can now be referred by an agency to a board of contract appeals for adjudication. Effective Feb. 27, 2026, the Civilian Board of Contract Appeals (CBCA) issued procedural rules implementing the CBCA’s jurisdiction to adjudicate claims brought by federal agencies under the Administrative False Claims Act (AFCA). These claims may seek civil penalties against individuals and companies for presenting false claims or statements to the government. As amended last year, the AFCA offers agencies a streamlined administrative avenue for pursuing false claims that might otherwise go unpursued through traditional FCA litigation in federal court.
