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Contract Disputes CBCA

Davis Wright Tremaine LLP

Not To Be Heard: CBCA Dismisses a Contractor's Appeal of a Termination for Convenience for Lack of Jurisdiction

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

Fox Rothschild LLP

Amid Uncertainty, Government Contractors Should Document, Notify, and Escalate Claims

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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

PilieroMazza PLLC

CBCA Releases Its 2024 Annual Report: Key Insights for Government Contractors

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The Civilian Board of Contract Appeals (CBCA) recently released its 2024 Annual Report (the Report),  providing updates on personnel, decision statistics, and other important developments. The CBCA’s role in resolving...more

Fox Rothschild LLP

Appeals Down, ADR Up at CBCA in 2024

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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

Wiley Rein LLP

Five Lessons From Framaco Litigation: How Construction Contractors Can Best Position Themselves Before Filing Claims

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A string of recent decisions issued by the Civilian Board of Contract Appeals (CBCA) provide helpful reminders for construction contractors that have encountered difficulties in performance and are seeking relief from the...more

Davis Wright Tremaine LLP

No Double-Dipping Allowed: A Takeaway from the CBCA's Decision in BES Design/Build, LLC

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

Wiley Rein LLP

CAFC Releases Decision Addressing CBCA’s Jurisdiction over Software Developers Claiming to be Parties to a Procurement Contract

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In Avue Technologies Corporation v. Secretary of Health and Human Services, Administrator of the General Services Administration (Case No. 22-1784), the United States Court of Appeals for the Federal Circuit vacated the...more

Jenner & Block

Government Contracts Legal Round-Up – 2024 Issue 6

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Claims Updates - Avue Technologies Corp. v. Department of Health & Human Services, No. 2022-1784 Fed. Cir. (March 6, 2024) The Federal Circuit issued its much-anticipated decision in a case that presented the question...more

PilieroMazza PLLC

Inter-Con Security Systems: Significance of CBCA’s Decision on Government Contractors

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On September 29, 2023, the Civilian Board of Contract Appeals (CBCA) ruled that a federal contractor could not collect damages from the U.S. Marshals Service (USMS). The contractor’s claim, asserting that it was being sued by...more

Bass, Berry & Sims PLC

CBCA Opinion Provides Clarity on Anti-Assignment Act’s Murky “Operation of Law” Exception

The Anti-Assignment Act, referring to both the Assignment of Contracts Act and Assignment of Claims Act, which prohibits the assignment of government contracts and claims, respectively, has had a fairly uneven applicatory...more

Womble Bond Dickinson

Court Finds Contractor’s Terms and Conditions Incorporated by Reference into GSA Schedule Contract

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A contractor’s own terms and conditions infrequently appear in procurement contracts with the federal government. For the most part these contracts are “take it or leave it” propositions with the agency’s own terms and...more

Wiley Rein LLP

Board of Contract Appeals Holds That Software Licensor Who Delivered Software Through GSA Reseller Cannot Pursue Claim Directly...

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In a decision of first impression that could have significant implications for the many commercial software vendors who license software to the U.S. Government through U.S. General Services Administration (GSA) Schedule...more

Pillsbury Winthrop Shaw Pittman LLP

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

Fox Rothschild LLP

Effective Contract Management Primer: FAR Remedy Granting Clauses, Certified Claims, and Disputes

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Submitting a certified claim to a government agency or appealing a contracting officer’s final decision (COFD) can be a risky business decision for federal contractors. On one hand, there is the risk of straining the...more

Seyfarth Shaw LLP

Civilian Board of Contract Appeals Decision Provides Guidance to Contractors Seeking to Recover Additional Costs Due to COVID-19

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While the global economy grinds to a halt over spread of the novel coronavirus (COVID-19) and people disband amidst calls for “social distancing,” these are uncertain times to say the least....more

Bass, Berry & Sims PLC

Equitable Adjustment Appropriate Where Agency Assumed Contractor’s Duty to Identify SCA Positions

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A recent decision in Sotera Defense Solutions, Inc. v. Department of Agriculture, CBCA 6029, 6030, by the United States Civilian Board of Contract Appeals (CBCA), upheld a contract provision that imposed greater obligations...more

Sheppard Mullin Richter & Hampton LLP

CBCA Rules Contractor Under GWAC Task Orders Properly Submitted Claims to the Agency Ordering Contracting Officer Instead of the...

In a case of first impression, the Civilian Board of Contract Appeals (“CBCA”) ruled that a contractor performing task orders issued against a government-wide acquisition contract (“GWAC”) properly submitted its claims to the...more

PilieroMazza PLLC

CBCA Expands its Approval of Subcontractors’ “Sponsored” Claims

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Typically, a subcontractor cannot appeal a Contract Disputes Act (“CDA”) claim to the Civilian Board of Contract Appeals (“CBCA”) because the subcontractor lacks privity of contract with the government. However, the...more

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