In its annual report for fiscal year 2018, the Armed Services Board of Contract Appeals (“ASBCA” or “Board”) noted an increase in the number of sustained (meritorious) contract appeals, and a decline in the total number of contract appeals.
The two year comparison is shown below:
FY 2017 FY 2018 Percent Increase or decrease
Appeals sustained on merits 80 96 20% increase
Appeals denied on merits 59 43 27% decrease
Dismissed 539 420 22% decrease
Appeals pending, end of period 970 901 7.7% decrease
The news was actually good for contractors. The number of appeals sustained on the merits rose by 20 percent. There was a 27 percent decrease in appeals denied on the merits, a 7.7 percent decrease in the number of appeals pending, and a 22 percent decrease in the number of appeals dismissed by the ASBCA.
The Board noted that the majority of appeals that were dismissed reflected that the parties had reached a settlement, which is also a good indicator for contractors.
For other helpful suggestions on government contracting, visit:
Richard D. Lieberman’s FAR Consulting at https://www.richarddlieberman.com/, and Mistakes in Government Contracting at https://richarddlieberman.wixsite.com/mistakes/.