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No Longer Appealing: Why Are Contractors Filing Fewer Appeals at the ASBCA?

The Armed Services Board of Contract Appeals’ 2024 annual report reveals—yet again—the lowest number of docketed appeals in 40 years. Where have the contractor appeals gone? Contractors filed fewer appeals with the Board...more

ASBCA’s FY 2023 Annual Report: Contractor Appeals Are Way Down but Dispositive Motion Activity Is Way Up

The Armed Services Board of Contract Appeals’ 2023 annual report reveals the lowest number of docketed appeals in 40 years, while at the same time the Board deals with the largest number of motions for summary judgment in...more

By the Numbers: ASBCA’s Fiscal Year 2022 Annual Report

The Armed Services Board of Contract Appeals’ 2022 annual report provides information of significant interest to the contractor community, but a closer look raises many questions....more

DoD Increases Focus on Cybersecurity Compliance

A recent DoD memorandum should serve as a warning to contractors that they need to focus on cybersecurity compliance now or risk serious consequences. A recent DoD memorandum should serve as a warning to contractors that...more

Civilian Board of Contract Appeals Releases Fiscal Year 2021 Annual Report

Contractors docketed only 364 new appeals during FY 2021. The Board issued an advisory opinion for the first time in its 14-year history. The Board plans to offer the option to conduct hearings and ADR proceedings...more

ASBCA Rejects Government’s Motion to Dismiss Despite Suspicion of Fraud

The Board’s jurisdiction attaches when the contracting officer renders a final decision or a deemed denial, and a later finding by the contracting officer that fraud is suspected will not deprive the Board of jurisdiction....more

Privilege Logs in Contract Disputes Act Litigation: An Equal Obligation for Both Parties

A recent decision from the Civilian Board of Contract Appeals highlights that the Board will demand sufficiently detailed privilege logs from both agency and contractor litigants. Contractors and agencies must prepare...more

GAO Report on Section 3610 Reimbursement

While GAO does not make any recommendations in its report, it provides a useful overview of the federal government’s implementation of Section 3610. Agencies made relatively little use of their Section 3610 authority...more

SBA Announces that Federal Agencies Increased Prime Contract Awards to Small Business Contractors in FY 2019

Recent developments in small business procurement policy indicate that the government’s increase in the amount of contract awards to small businesses is likely to continue. The government exceeded its 23 percent small...more

Federal Circuit Revives Key Case Addressing Contractor’s Ability to Include Offsets in Measurement of CAS Change Impacts

Case remanded to Court of Federal Claims to clarify whether CAS Impact Calculation involving multiple unilateral changes may include contractor “offsets” Federal Circuit revives the question of whether the FAR 33.606...more

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