News & Analysis as of

Contractors Court of Federal Claims

Pillsbury Winthrop Shaw Pittman LLP

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

Pillsbury Winthrop Shaw Pittman LLP

ASBCA Confirms the “Goldilocks Principle” in Government Contract Appeals

A letter from the contracting officer unequivocally directing the contractor to exclude specific costs from its cost submissions as unallowable may not be an appealable final decision. Contractors should seek...more

Pillsbury Winthrop Shaw Pittman LLP

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

McCarter & English Blog: Government Contracts...

Dear Magic 8-Ball—Should I Protest? Critical Protest Implications Following The Federal Circuit’s Expansion Of Blue & Gold’s...

Relying upon the cryptic answers provided by a Magic 8-Ball when deciding to file a protest at the United States Court of Federal Claims (COFC) may sound farcical, but a recent decision by a split panel of the United States...more

Bradley Arant Boult Cummings LLP

Don’t Forget to Certify Within Six Years: Recent Opinion Addresses Timeliness of Government Contractor’s Appeal

On May 19, 2020, the Federal Circuit upheld summary judgment against a government contractor for failure to file a claim timely within the six-year time limit prescribed by the Contract Disputes Act (CDA). In Electric Boat...more

Williams Mullen

Award Protests: Choosing the Forum

Williams Mullen on

A disappointed bidder’s protest strategy includes deciding whether to initiate the protest with the procuring agency, the Government Accountability Office or the U. S. Court of Federal Claims....more

Williams Mullen

How to Assess the Likelihood of Success in Deciding Whether to Bring a Bid Protest

Williams Mullen on

Confronting an exclusionary solicitation or failing to win an award can be highly frustrating. Putting aside emotion and applying practical and objective criteria to the situation will help companies assess whether there is...more

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