---
kind: "section"
citation: "48 C.F.R. § 6101.2"
title: "48"
number: "6101.2"
heading: "Filing appeals, petitions, and applications; consolidation [Rule 2]."
url: "https://uscodex.org/cfr/48/6101.2"
---

# §6101.2. Filing appeals, petitions, and applications; consolidation [Rule 2].

- (a) **Filing an appeal.** A notice of appeal shall be:
  - (1) In writing;
  - (2) Signed by the appellant, the appellant's attorney, or an authorized representative (see [Rule 5](/cfr/48/5.md) ([48 CFR 6101.5](/cfr/48/6101.5.md))); and
  - (3) Filed with the Board, with a copy to the contracting officer who received or issued the claim or the successor contracting officer. A notice of appeal should include:
    - (i) The name, telephone number, and mailing and email addresses of the appellant and/or its attorney or authorized representative;
    - (ii) The contract number;
    - (iii) The name, telephone number, and mailing and email addresses of the contracting officer who received or issued the claim;
    - (iv) A copy of the claim with any certification; and
    - (v) A copy of the contracting officer's decision on the claim or a statement that the appeal is from a failure to issue a decision (“a deemed denial”).
- (b) **Filing a petition.** A petition shall be:
  - (1) In writing;
  - (2) Signed by the petitioner, the petitioner's attorney, or an authorized representative (see [Rule 5](/cfr/48/5.md) ([48 CFR 6101.5](/cfr/48/6101.5.md))); and
  - (3) Filed with the Board, with a copy to the contracting officer who received the claim or the successor contracting officer. A petition shall ask the Board to order the contracting officer to issue a decision and should include:
    - (i) The name, telephone number, and mailing and email addresses of the petitioner and/or its attorney or authorized representative;
    - (ii) The contract number;
    - (iii) The name of the contracting officer who received the claim, with that person's telephone number, mailing address, and email address; and
    - (iv) **A copy of the claim with any certification.**
- (c) **Filing an EAJA application.** See [Rule 30](/cfr/48/30.md) ([48 CFR 6101.30](/cfr/48/6101.30.md)).
- (d) **Time limits.**
  - (1) Under the CDA, a notice of appeal must be filed within 90 calendar days after the date of receipt of a contracting officer's decision on a claim.
  - (2) Alternatively, under the CDA, a contractor may appeal when a contracting officer has not issued a decision on a claim within the time allowed by the CDA or the time set by a tribunal acting on a petition.
  - (3) Under the CDA, a petition may be filed in the period between—
    - (i) Receipt of notice from a contracting officer, within 60 days after the submission of a claim, that the contracting officer intends to issue a decision on the claim more than 60 days after its submission, and
    - (ii) **The due date stated by the contracting officer.**
  - (4) Under EAJA, an application must be filed within 30 days after the date that the decision in the underlying appeal becomes no longer subject to appeal.
- (e) **Notice of docketing.** Upon receipt of a notice of appeal, a petition, or an application, the Clerk issues a written notice of docketing to all parties.
- (f) **Consolidation.** The Board may consolidate cases wholly or in part if they involve common questions of law or fact.

## Notes

### Amendments

[83 FR 41010, Aug. 17, 2018, as amended at 91 FR 3790, Jan. 28, 2026]

### Authority

Authority: 41 U.S.C. 7101-7109; 5 U.S.C. 504.

### Source

Source: 83 FR 41010, Aug. 17, 2018, unless otherwise noted.

### Amendments

[83 FR 41010, Aug. 17, 2018, as amended at 91 FR 3790, Jan. 28, 2026]