Government Contract Claims: Top 10 Things to Know About the Contract Disputes Act
Making Effective Use of the Claims/Disputes Process
CPARS From A to Z
At a time when government agencies are terminating contracts for convenience at an increasingly high rate, a recent decision by the U.S. Civilian Board of Contract Appeals in Blankson v. Agency for International Development,...more
The Department of Government Efficiency’s (“DOGE”) scrutiny of federal contracts has resulted in a spike in notices of termination for convenience. Given DOGE’s broad mandate to reduce federal spending, we expect a sustained...more
In celebration of the release of the 6th Edition of the Government Contracts Compliance Handbook, we are sharing six essential tips for successfully navigating the contract claims process under federal procurement...more
While the Court found that the bundled costs did not constitute a franchise fee, the MFA may apply to franchisees located outside the state of Minnesota. Pennsylvania based distributor, M&M Creative Laminants’ (M&M) bought...more
Government contractors working for the Department of Education (DE), the United States Agency for International Development (USAID), and other agencies like the National Science Foundation (NSF) and Consumer Financial...more
The Civilian Board of Contract Appeals (CBCA) recently posted its Annual Report for Fiscal Year 2024 (Report). In Fiscal Year 24 (FY24), Contract Disputes Act (CDA) appeals were down, while Alternative Dispute Resolution...more
Claims Updates - Associated Energy Group, LLC v. The United States and Kropp Holdings, Inc., No. 23-20 47 (July 2, 2024) - Associated Energy Group, LLC (AEG) challenged the award by Defense Logistics Agency (DLA) for a...more
The Court of Appeals for the Federal Circuit (CAFC) continues to redefine the Court of Federal Claims’ (COFC) ability to hear cases affecting all stages of the federal procurement process....more
Federal Circuit Docket - Percipient.ai, Inc. v. United States, Fed. Cir. No. 2023-1970 (Jun. 7, 2024) - In a highly anticipated bid protest opinion, a divided merits panel of Federal Circuit judges reversed the Court of...more
A decision by the U.S. Civilian Board of Contract Appeals (the "Board" or "CBCA") in BES Design/Build, LLC v. General Services Administration, CBCA 7587 (April 6, 2023), further defines what it means to submit a "timely"...more
Federal contractors are winning a safeguard against the government’s practice of moving to dismiss cases brought under the Contract Disputes Act (CDA) for lack of jurisdiction in the late stages of litigation. Recent...more
The US Court of Appeals for the Ninth Circuit concluded that the Contract Disputes Act (CDA) “impliedly forbids” federal contractors from bringing most trade secret misappropriation claims against federal agencies in district...more
In ECC Int’l Constructors, LLC v. Sec’y of Army, No. 2021-2323, 2023 WL 5355302 (Fed. Cir. Aug. 22, 2023), the U.S. Court of Appeals for the Federal Circuit considered whether the Federal Acquisition Regulation (“FAR”)...more
WHAT: After previewing earlier this year that it was reconsidering its existing precedent, the Federal Circuit held yesterday that the requirement that contractors state a “sum certain” in claims brought under the Contract...more
One of the most common concerns for federal contractors is delay. Projects can fall behind schedule for a variety of reasons that are outside of the contractor’s control (government-directed changes, differing site...more
Welcome back to our “Lifecycle of a Claim” series. This series explores the Contract Disputes Act claims process, with practical guidance stemming from recent case law every step of the way. Click the subscribe button on this...more
Forty-five years after enactment of the Contract Disputes Act of 1978 (CDA), contractors and agencies still often struggle to identify what is and isn’t a CDA claim—a term the CDA itself does not define. Until the CDA’s...more
Claims Cases Aries Construction Corp. v. United States, No.22-166C (February 21, 2023) - Court of Federal Claims Judge Schwartz issued an opinion discussing the relationship between the Contract Disputes Act (CDA) claim...more
The adage that “you can’t fight City Hall” does not apply to federal government contractors. The Contract Disputes Act (CDA) provides the framework governing contract disputes between contractors and the government. Knowing...more
While it is well settled that the U.S. Court of Federal Claims (the Claims Court) lacks bid protest jurisdiction over the majority of task or delivery order awards, the U.S. Court of Appeals for the Federal Circuit recently...more
This is the eighth (and last) of an eight-part series addressing cutting-edge strategies for Certified Claims under the Contract Disputes Act (CDA). Certified Claims are the primary avenue available to government contractors...more
This is the seventh of an eight-part series addressing cutting-edge strategies for Certified Claims under the Contract Disputes Act (CDA). Certified Claims are the primary avenue available to government contractors to...more
The CDA has a reputation as a “catchall” for disputes between federal contractors and the government – and to a certain extent that reputation makes a lot of sense. As I’ve been covering in this series, contractors can...more
So, if you are owed time and money on a contract, should your next move be a CDA Claim or an REA? There is no one-size-fits-all answer – and contractors should carefully consider their own unique circumstances before...more