News & Analysis as of

Board of Contract Appeals

Smith Anderson

You Can’t Spell Sanction without “A” and “I”: When Unchecked AI Hallucinations Result in Court Sanctions

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Courts and bid protest tribunals are increasingly sanctioning government contractors who submit filings containing AI-generated errors, including fabricated cases, inaccurate quotations, and mischaracterized authorities. ...more

PilieroMazza PLLC

Contract Claims 101: Financial Fundamentals, Part 3

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We’re back for the third installment of PilieroMazza’s REAs, Claims, and Appeals Group’s “Contract Claims 101” series, introducing federal contractors to the basics of requests for equitable adjustment (REAs), claims, and...more

Haynes Boone

CBCA Opens New Avenue for Small Enforcement Actions Under the AFCA

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Fraud claims against contractors have almost exclusively been pursued by the Department of Justice (or qui tam relators) in court. Now, in a significant change, certain fraud claims can be referred by an agency to a board of...more

Baker Donelson

Category B Emergency Protective Measures vs. Routine Operations/Increased Operating Costs

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The FEMA Denial Pattern We Are Seeing – and How to Write a Scope That Survives Review - Recent FEMA Determination Memoranda, first appeals, and arbitration filings before the Civilian Board of Contract Appeals (CBCA) reflect...more

PilieroMazza PLLC

Contract Claims 101: Common Disputes and How to Best Prepare for Them

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Last month, PilieroMazza’s REAs, Claims, and Appeals Group published the first blog in its “Contract Claims 101” series, introducing federal contractors to the basics of requests for equitable adjustment (REAs), claims, and...more

Davis Wright Tremaine LLP

The CBCA Updates Rules to Reflect New Jurisdiction over AFCA Referrals

On January 28, 2026, the U.S. Civilian Board of Contract Appeals ("CBCA" or the "Board") issued its final rules governing the Board's administrative process for deciding claims referred to the Board under the Administrative...more

Fox Rothschild LLP

The Civilian Board of Contract Appeals Issues New Rules of Procedure for Its Adjudicatory Role in the Administrative False Claims...

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On January 28, 2026, the United States Civilian Board of Contract Appeals (CBCA) issued final rulemaking to address its role in hearing and resolving disputes under the Administrative False Claims Act (AFCA), formerly known...more

PilieroMazza PLLC

Contract Claims 101: REAs vs. Claims vs. Appeals

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What is a contract claim? How do I handle an issue with the government’s administration of my contract? Who do I contact when a project falls behind schedule, but it wasn’t my fault? These are common and critical questions...more

Bradley Arant Boult Cummings LLP

USAID Payment Delays and Contractor Remedies

Recent reports and contractor experiences suggest that the U.S. Agency for International Development (USAID) has, in some instances, failed to timely pay contractors for work that has already been performed and accepted....more

Davis Wright Tremaine LLP

Key Insights From the Civilian Board of Contract Appeals: Termination for Convenience, Cost Recovery on a Potential Loss Contract

"It is well-settled that a terminated contractor's recovery is limited to the contract price, less the monies already paid to the contract during performance, plus settlement expenses. In addition, it is well-settled that, if...more

Fox Rothschild LLP

Appeals Up, ADR Down at CBCA in 2025

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The Civilian Board of Contract Appeals (CBCA) recently posted its Annual Report for Fiscal Year 2025 (FY25), which showed a significant increase in appeals but decrease in Alternative Dispute Resolution (ADR). In FY25, the...more

Fox Rothschild LLP

How to Prepare for the End of the Government Shutdown

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On the evening of November 9, the U.S. Senate agreed to a deal aimed at ending the government shutdown. The deal is the first step toward reopening the federal government and will now face a vote from the House of...more

PilieroMazza PLLC

Unfair by Design? Flaws in CPARS Disputes and What Needs to Change

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The Contractor Performance Assessment Reporting System (CPARS) heavily influences who wins federal contracts, but its dispute process is anything but fair. Agencies can post their version of events—accurate or not—with little...more

PilieroMazza PLLC

Shutdown Showdown: Impact on Federal Contract Disputes

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What happens to your contract administration disputes—such as termination settlement proposals (TSPs), requests for equitable adjustment (REAs), claims, and appeals—pending before Contracting Officers (COs), the Boards of...more

Davis Wright Tremaine LLP

ASBCA Reaffirms That Contractors May Recover Damages for Arbitrary CPAR Ratings Issued by the Government

The U.S. Armed Services Board of Contract Appeals recently addressed whether a contractor is entitled to the recovery of monetary damages arising from a negative CPAR rating issued by the government. The Board's decision in...more

PilieroMazza PLLC

Weekly Update for Government Contractors and Commercial Businesses – September 2025 #2

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How the Boards of Contract Appeals Work—And Why It Matters for Your Bottom Line - When government contractors receive an adverse decision from a contracting officer, it can be difficult to balance the costs, performance...more

Blank Rome LLP

The Bottom Line: Cost and Pricing Updates | Sum Certain

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Appeal of Samho Enterprise, ASBCA No. 63587 (Aug. 13, 2025) - The Bottom Line: The Contract Disputes Act (“CDA”) requires that if a contractor submits a claim for payment to the Government, the claim must include a “sum...more

PilieroMazza PLLC

How the Boards of Contract Appeals Work—And Why It Matters for Your Bottom Line

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When government contractors receive an adverse decision from a contracting officer, it can be difficult to balance the costs, performance risks, and impact on future opportunities while considering litigation. Fortunately,...more

PilieroMazza PLLC

How the Boards of Contract Appeals Work—And Why It Matters for Your Bottom Line

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When government contractors receive an adverse decision from a contracting officer, it can be difficult to balance the costs, performance risks, and impact on future opportunities while considering litigation. Fortunately,...more

PilieroMazza PLLC

Weekly Update for Government Contractors and Commercial Businesses – August 2025 #4

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How the Boards of Contract Appeals Work—And Why It Matters for Your Bottom Line - Government contractors, particularly small business contractors, often share that their experience with Alternative Dispute Resolution (ADR)...more

PilieroMazza PLLC

How the Boards of Contract Appeals Work—And Why It Matters for Your Bottom Line, Part 4

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Government contractors, particularly small business contractors, often share that their experience with Alternative Dispute Resolution (ADR) is costly and inefficient. This may be true of traditional ADR involving paid...more

Miles & Stockbridge P.C.

Bid Protests of State Procurements in the DMV - Maryland Procurements

This is the part of a series discussing state-level bid protests in the DMV. Protest procedures in Maryland are less centralized than D.C. but more centralized than Virginia....more

PilieroMazza PLLC

Weekly Update for Government Contractors and Commercial Businesses – August 2025

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Government Accountability Office (GAO) Report: Whistleblowers, VA Should Assess Data and Monitor Settlement Agreements to Better Ensure Protections - On July 31, GAO released a report reviewing the characteristics of VA...more

Davis Wright Tremaine LLP

Armed Services Board of Contract Appeals Says, "Show Me the (Amount of) Money!"

To assert a claim for monetary relief, the claimant must seek a "sum certain." A monetary claim that does not state a sum certain may be denied by the Contracting Officer and denied by the Board of Contract Appeals for...more

PilieroMazza PLLC

How the Boards of Contract Appeals Work—And Why It Matters for Your Bottom Line, Part 2

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This week, we take a closer look at how a government contractor ends up before a Board of Contract Appeals (BCA). CDA appeals don’t appear out of thin air—it can take months, if not years, for a dispute to morph into an...more

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