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



20% increase

Appeals denied on merits



27% decrease




22% decrease

Appeals pending, end of period



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, and Mistakes in Government Contracting at