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
In Nauset Construction Corporation,1 the Armed Service Board of Contract Appeals once again addressed how Government allegations of fraud impact the Board's ability to hear a claim....more
Generally, an agency only has jurisdiction to review a contracting officer's final decision if that outcome was made on a basis other than fraud. In Mountain Movers/Ainsworth-Benning, LLC, the Armed Services Board of Contract...more
Many of our clients have noticed that the Government is increasingly using accusations of contractor fraud as a defense to valid claims, even when there is no evidence that the contractor intended to deceive the government. ...more
GOVERNMENT CONTRACTING - As reported in a Nextgov article, the Department of Homeland Security’s (DHS) Chief Procurement Officer Soraya Correa issued a special notice extending the due dates for all unamended acquisition...more
The Federal Circuit’s holding in Laguna Construction Co. v. Carter seemed, when the case was decided in 2016, to scale back the Armed Services Board of Contract Appeals’ (“ASBCA”) jurisdiction to entertain fraud-related...more
In the Appeal of Vertex Construction & Engineering, ASBCA No. 58988, decided last month, the Armed Services Board of Contract Appeals (“ASBCA”) exercised a “harsh” remedy in declaring Appellant’s contract void ab initio...more