On November 1, 2022, the Armed Services Board of Contract Appeals (ASBCA) published its FY 2022 Report of Transactions and Proceedings, which provides statistics regarding the adjudication of appeals between contractors and the Army, Navy, Air Force, Corps of Engineers, Central Intelligence Agency, National Aeronautics and Space Administration, Defense Logistics Agency, Defense Contract Management Agency, and other Defense agencies, Non-Appropriated Fund Instrumentalities, and the Washington Metropolitan Area Transit Authority.
According to this year’s report, contractors prevailed in 71% of the appeals decided on the merits, up from a steady 53% in both 2020 and 2021. The Report also indicates that, as usual, the Board had a high success rate in resolving matters via alternative dispute resolution (ADR). Of the cases that went through non-binding ADR, 97% were resolved successfully—including mediation, arbitration, and ADR of undocketed appeals. The uptick in successful contractor appeals is encouraging, but these statistics also serve as a reminder that the Board’s ADR program remains an important tool to successfully resolve disputes at the ASBCA.