ARMED SERVICES BOARD MERITORIOUS DISPOSITIONS INCREASE IN 2018

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

770

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.

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Richard D. Lieberman’s FAR Consulting at https://www.richarddlieberman.com/, and Mistakes in Government Contracting at https://richarddlieberman.wixsite.com/mistakes/.

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