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/.